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tortappealhearingparole
tortappealparoleasylum

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Gutierrez-Gutierrez v. Garland

Facts

Valerio Gutierrez-Gutierrez, a native and citizen of Guatemala, was placed in removal proceedings in 2013 for being present in the U.S. without admission or parole. He admitted the allegations and applied for withholding of removal, claiming persecution due to his status as an indigenous landowner resisting extortion by gang members. During his hearing, he testified about threats from a neighbor, Domingo Castro, but the IJ found that he had not suffered past persecution and could reasonably relocate within Guatemala to avoid future threats.

In 2013, the government began removal proceedings against Gutierrez-Gutierrez, a native and citizen of Guatemala, charging him with being present in the United States without being admitted or paroled. He admitted the factual allegations in the notice to appear and conceded removability. He then applied for withholding of removal, claiming persecution based on his membership in a particular social group defined as indigenous landowners in Guatemala who resisted extortion by gang members. He did not seek asylum or relief under the Convention Against Torture.

Issue

Did the IJ err in denying Gutierrez-Gutierrez's application for withholding of removal based on his failure to demonstrate a well-founded fear of future persecution and his ability to reasonably relocate within Guatemala?

Did the IJ err in denying Gutierrez-Gutierrez's application for withholding of removal based on his failure to demonstrate a well-founded fear of future persecution and his ability to reasonably relocate within Guatemala?

Rule

An applicant for withholding of removal must show that their life or freedom would be threatened based on their membership in a particular social group, and they cannot succeed if they can avoid the threat by relocating within their country.

An applicant for withholding of removal must show that, if removed to his country of origin, his 'life or freedom would be threatened' based on his 'race, religion, nationality, membership in a particular social group, or political opinion.' 8 U.S.C. 1231(b)(3)(A); see Zaldana Menijar v. Lynch, 812 F.3d 491, 498 (6th Cir. 2015). An applicant cannot make this showing if the U 'finds that the applicant could avoid a future threat to his or her life or freedom by relocating to another part of the proposed country of removal and, under all the circumstances, it would be reasonable to expect the applicant to do so.' 8 C.F.R. 1208.16(b)(2).

Analysis

The court found that the IJ properly applied the relevant legal standards, determining that Gutierrez-Gutierrez had not established a well-founded fear of future persecution. The IJ noted that Gutierrez-Gutierrez had not suffered past persecution and could reasonably relocate within Guatemala to avoid any potential threats from Castro. The Board affirmed this decision, stating that Gutierrez-Gutierrez had waived any challenge to the IJ's relocation determination by failing to address it in his appeal.

The court found that the IJ properly applied the relevant legal standards, determining that Gutierrez-Gutierrez had not established a well-founded fear of future persecution. The IJ noted that Gutierrez-Gutierrez had not suffered past persecution and could reasonably relocate within Guatemala to avoid any potential threats from Castro. The Board affirmed this decision, stating that Gutierrez-Gutierrez had waived any challenge to the IJ's relocation determination by failing to address it in his appeal.

Conclusion

The court denied the petition for review, affirming the IJ's decision that Gutierrez-Gutierrez was not eligible for withholding of removal.

We therefore DENY the petition for review.

Who won?

The government prevailed in the case because the court upheld the IJ's determination that Gutierrez-Gutierrez could reasonably relocate within Guatemala and had not established a well-founded fear of future persecution.

The government prevailed in the case because the court upheld the IJ's determination that Gutierrez-Gutierrez could reasonably relocate within Guatemala and had not established a well-founded fear of future persecution.

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