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Keywords

asylum

willasylum

Related Cases

Granada-Rubio v. Lynch

Facts

Elena Granada-Rubio and her two sons, natives of El Salvador, illegally entered the United States after receiving threats from the MS-13 gang demanding money and threatening violence against her and her children. She applied for asylum, claiming fear of persecution due to her husband's status in the U.S. and the gang's targeting of her family. The IJ found that she failed to demonstrate past persecution or a well-founded fear of future persecution based on membership in a particular social group.

Granada-Rubio applied for asylum for herself and her two sons, as well as withholding of removal and protection under the CAT. In the application, Granada-Rubio described receiving phone calls in October 2011, while she was living in El Salvador, from a member of the Mara Salvatrucha ('MS-13') gang who asked for money and 'said he knew that [her] husband was living in the United States and that if [she] did not cooperate with him he was going to kill [her] and [her] three children.'

Issue

Did Granada-Rubio establish eligibility for asylum based on persecution or membership in a particular social group?

Rule

To qualify for asylum, an alien must show a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, and the proposed social group must be socially distinct within the society in question.

To qualify for asylum, an alien must establish, inter alia, that she is unwilling or unable to return to her home country 'because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.'

Analysis

The court upheld the BIA's findings that Granada-Rubio did not demonstrate that she was part of a socially distinct group or that her fear of gang violence constituted persecution. The IJ's conclusion that her fear was based on economic reasons rather than a protected ground was supported by substantial evidence.

The court upheld the BIA's findings that Granada-Rubio did not demonstrate that she was part of a socially distinct group or that her fear of gang violence constituted persecution.

Conclusion

The petition for review was denied, affirming the BIA's decision that Granada-Rubio did not qualify for asylum or withholding of removal.

The petition for review is denied.

Who won?

The government prevailed in the case as the court upheld the BIA's decision denying Granada-Rubio's asylum application based on her failure to establish persecution or a particular social group.

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