Elisa Leon Gonzalez v. Todd Blanche

── Elisa Leon Gonzalez v. Todd Blanche ── Court: Court of Appeals for the Eighth Circuit Date: May 13, 2026 Category: General United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-1451 ___________________________ Elisa Leon Gonzalez; Tania Perez Leon Petitioners v. Todd Blanche,1 Acting Attorney General of the United States Respondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: April 13, 2026 Filed: May 13, 2026 [Unpublished] ____________ Before GRUENDER, BENTON, and ERICKSON, Circuit Judges. ____________ 1 Todd Blanche was designated as Acting Attorney General of the United States and is substituted as Respondent pursuant Federal Rule of Appellate Procedure 43(c). PER CURIAM. Elisa Leon Gonzalez and her minor daughter are citizens of El Salvador who unlawfully entered the United States in November 2018. Shortly after entering the United States, the Department of Homeland Security served Gonzalez and her daughter with Notices to Appear in Immigration Court for removal proceedings. On November 21, 2019, Gonzalez appeared pro se at a removal hearing and admitted her and her daughter’s unlawful presence. The Immigration Judge provided Gonzalez with an application for asylum and instructed her to return on December 12 with a completed application. Gonzalez subsequently applied for asylum, withholding of removal, and protection under the United Nations Convention Against Torture. In her application, Gonzalez asserted protection based on her membership in a particular social group and fear of harm or mistreatment if she returned to El Salvador. Gonzalez stated that her partner had witnessed a murder committed by gang members, after which the gang members extorted money from her family in exchange for protection. According to Gonzalez, when her family could no longer afford to pay the extortion, gang members threatened to harm her family. Gonzalez described one situation where she was threatened at gunpoint and pushed after her family stopped paying the extortion. Gonzalez explained that her family fled to the United States shortly after that incident, and that she feared the gang members would kill her and her children if she returned to El Salvador. On January 11, 2023, the Immigration Judge denied Gonzalez’s asylum application, denied withholding of removal, and denied protection under the Convention Against Torture. The Immigration Judge found Gonzalez credible but concluded that she was ineligible for asylum and withholding of removal because “persons who suffered violence or threats of violence by gangs lack[] the requisite visibility, particularity, and/or social distinction to qualify as a particular social group.” The Immigration Judge also concluded that Gonzalez did not qualify for protection under the Convention Against Torture because, despite her fear of gang -2- violence, she “failed to prove that . . . [s]he would be tortured, if removed to El Salvador, at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” Gonzalez, through counsel, appealed the Immigration Judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture to the Board of Immigration Appeals (the “Board”). Notice of Appeal Form EOIR-26 instructs petitioners to “[s]tate in detail the reason(s) for this appeal.” Immediately below this area, a warning reads: “You must clearly explain the specific fac