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Keywords

testimonyasylum

jurisdiction

Related Cases

Lopez-Chavez v. Garland

Facts

Lopez-Chavez and her son arrived in the United States on June 29, 2016, after which the Department of Homeland Security issued notices to appear in immigration court for removal proceedings. She applied for relief based on her fear of her husband, Marlon Menjivar Portillo, a domestic abuser and MS-13 member. Although the IJ found her credible, he noted discrepancies in her testimony and determined that her asylum application was filed more than one year after her arrival, and that her proposed social group was not cognizable. The IJ denied her applications for asylum, withholding of removal, and CAT protection.

Shortly after Lopez-Chavez and her son arrived in the United States on June 29, 2016, the Department of Homeland Security issued notices to appear ('NTA') in immigration court for removal proceedings. After admitting the charges in the NTA, conceding removability, and declining to designate a country of removal, Lopez-Chavez applied for relief on the grounds that her husband, Marlon Menjivar Portillo, is a domestic abuser and a member of MS-13 who is currently wanted by Salvadoran authorities.

Issue

Whether the BIA erred in determining that Lopez-Chavez's proposed particular social group was neither particular nor socially distinct within Salvadoran society.

Rule

To qualify for withholding of removal, applicants must show a 'clear probability' of future persecution and that 'a protected ground was at least one reason for their persecution.'

As to withholding of removal, applicants must show a 'clear probability' of future persecution, Al-Ghorbani v. Holder , 585 F.3d 980, 993-94 (6th Cir. 2009) (quoting INS v. Stevic , 467 U.S. 407, 413, 104 S. Ct. 2489, 81 L. Ed. 2d 321 (1984) ), and that 'a protected ground was at least one reason for their persecution,' Guzman-Vazquez v. Barr , 959 F.3d 253, 274 (6th Cir. 2020).

Analysis

The court applied the substantial-evidence standard to review the BIA's factual findings. It concluded that Lopez-Chavez's proposed particular social group was not sufficiently defined and did not demonstrate that her husband targeted others on the same basis. The court noted that a group cannot consist of a single member and that Lopez-Chavez failed to establish the necessary parameters for her proposed group.

Here, substantial evidence supports the BIA's determination that Lopez-Chavez's original proposed particular social group is neither particular nor socially distinct within Salvadoran society.

Conclusion

The court denied the petition for review, affirming the BIA's decision.

Thus, for the foregoing reasons, we DENY the petition for review.

Who won?

The government prevailed in the case because the court upheld the BIA's determination that Lopez-Chavez's proposed social group was not cognizable and that her asylum application was time-barred.

The BIA also held that Lopez-Chavez's alternative particular social group was not exhausted and that her jurisdictional argument was without merit.

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