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tortplaintiffprecedentwillasylum

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Tojin-Tiu v. Garland

Facts

Diego Cesar Tojin-Tiu, a citizen of Guatemala, entered the United States without inspection in March 2016. He applied for asylum, claiming past persecution and a well-founded fear of future persecution based on his membership in two social groups: his father's immediate family and 'young Guatemalan men who refuse to cooperate with gang members.' The Immigration Judge denied his application, concluding that Tojin did not suffer past persecution or have a well-founded fear of future persecution, and the Board of Immigration Appeals affirmed this decision.

Diego Cesar Tojin-Tiu, a citizen of Guatemala, entered the United States without inspection in March 2016, a month before his eighteenth birthday. The Department of Homeland Security commenced removal proceedings. Tojin conceded removability and applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). He claims past persecution and a well-founded fear of future persecution on account of his membership in two social groups, his father's immediate family and 'young Guatemalan men who refuse to cooperate with gang members.'

Issue

Did the plaintiff establish a nexus between his alleged persecution and his membership in a particular social group, and did he demonstrate a well-founded fear of future persecution?

Did the plaintiff establish a nexus between his alleged persecution and his membership in a particular social group, and did he demonstrate a well-founded fear of future persecution?

Rule

To be eligible for asylum, an applicant must show that they are a refugee who is unwilling or unable to return to their 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.

To be eligible for asylum, Tojin must show that he is a refugee, 8 U.S.C. 1158(b)(1)(A), who is unwilling or unable to return to his 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.' 8 U.S.C. 1101(a)(42).

Analysis

The court applied the substantial evidence standard and found that Tojin did not establish a nexus between the persecution he allegedly suffered and either of his proposed social groups. The threats against his family were primarily motivated by extortion for money, not by their family membership. Additionally, Tojin's encounters with gang members were unrelated to his family-based social group, and the proposed social group of 'young, Guatemalan men who refuse to cooperate with gang members' was not recognized as cognizable under established precedent.

Applying the substantial evidence standard, a 'reasonable factfinder could conclude [Tojin's] family membership is not a central reason for the threat . . . but is only incidental or tangential to the extortionists' motivation — money.' Silvestre-Giron v. Barr, 949 F.3d 1114, 1118 (8th Cir. 2020) (cleaned up); accord Cambara-Cambara v. Lynch, 837 F.3d 822, 826 (8th Cir. 2016). Tojin's separate encounters with gang recruiters — the other harm he alleges — had no relation to his family-based social group, and his proposed social group of 'young, Guatemalan men who refuse [**6] to cooperate with gang members' is not cognizable under our established precedent. See Gaitan v. Holder, 671 F.3d 678, 681 (8th Cir. 2012).

Conclusion

The court denied the petition for review, concluding that Tojin did not meet the standard for asylum and therefore could not meet the higher standard required for withholding of removal.

For the foregoing reasons, we deny the petition for review.

Who won?

The government prevailed in the case because the court found that Tojin did not meet the necessary criteria for asylum or demonstrate a well-founded fear of persecution.

The government prevailed in the case because the court found that Tojin did not meet the necessary criteria for asylum or demonstrate a well-founded fear of persecution.

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