Cardenas-Zepeda v. Bondi

Court of Appeals for the Second Circuit·Decided August 11, 2025·No. 24-215·Unpublished

Opinion

24-215 Cardenas-Zepeda v. Bondi BIA Reid, IJ A220 569 215/216

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 11th day of August, two thousand twenty-five.

PRESENT: GUIDO CALABRESI, REENA RAGGI, JOSEPH F. BIANCO, Circuit Judges. _____________________________________

DANNIA YESELYN CARDENAS- ZEPEDA, LEONEL ANDRE BETANCO- CARDENAS, Petitioners,

v. 24-215 NAC PAMELA BONDI, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONERS: Joshua Bardavid, Esq., New York, NY.

FOR RESPONDENT: Brian M. Boynton, Deputy Principal Assistant Attorney General; Edward E. Wiggers, Senior Litigation Counsel; Rachel P. Berman- Vaporis, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC.

UPON DUE CONSIDERATION of this petition for review of a Board of

Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND

DECREED that the petition for review is DENIED.

Petitioners Dannia Yeselyn Cardenas-Zepeda and her minor son, natives

and citizens of Honduras, seek review of a BIA decision affirming an Immigration

Judge’s (“IJ”) denial of Cardenas-Zepeda’s application for asylum, withholding of

removal, and relief under the Convention Against Torture (“CAT”). In re

Cardenas-Zepeda, et al., Nos. A 220 569 215/216 (B.I.A. Dec. 20, 2023), aff’g Nos. A

220 569 215/216 (Immigr. Ct. N.Y. City Aug. 19, 2022). We assume the parties’

familiarity with the underlying facts and procedural history.

Under the circumstances, we have considered the IJ’s decision as modified

by the BIA, i.e., minus the internal relocation determination that the BIA declined

to reach. See Xue Hong Yang v. U.S. Dep’t of Just., 426 F.3d 520, 522 (2d Cir. 2005).

We review factual findings for substantial evidence and questions of law de novo. 2 See Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009). “[T]he administrative

findings of fact are conclusive unless any reasonable adjudicator would be

compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B). Substantial

evidence supports the agency’s conclusions that Cardenas-Zepeda failed to

establish a nexus between a gang’s threats to harm her and her family if her partner

did not meet extortion demands and a protected ground, or that gang members

would more likely than not torture her.

I. Asylum and Withholding

An applicant for asylum and withholding of removal must establish past

persecution or a fear of future persecution and that “race, religion, nationality,

membership in a particular social group, or political opinion was or will be at least

one central reason for persecuting the applicant.” 8 U.S.C. § 1158(b)(1)(B)(i); see

also 8 C.F.R. §§ 1208.13(b), 1208.16(b); Quituizaca v. Garland, 52 F.4th 103, 105–06

(2d Cir. 2022) (holding that “one central reason” standard applies to both asylum

and withholding). Where, as here, an applicant seeks relief based on membership

in a particular social group, she must show both that the group is cognizable and

she was targeted on account of membership in the group. See Paloka v. Holder, 762

F.3d 191, 195 (2d Cir. 2014).

3 “[W]here there is more than one motive for mistreatment . . . , an applicant’s

status as a member of a particular social group . . . must be at least one of the central

reasons, rather than a minor reason, for why that individual is being targeted.”

Garcia-Aranda v. Garland, 53 F.4th 752, 757 (2d Cir. 2022). “The fact that a

persecutor has threatened an applicant and members of his or her family does not

necessarily mean that the threats were motivated by family ties.” Id. (quotation

marks and brackets omitted). Rather, an “applicant must . . . show, through direct

or circumstantial evidence, that the persecutor’s motive to persecute arises from

the applicant’s” protected characteristic. Yueqing Zhang v. Gonzales, 426 F.3d 540,

545 (2d Cir. 2005); see also Paloka v. Holder, 762 F.3d at 196–97 (“Whether the

requisite nexus exists depends on the view and motives of the persecutor.”

(quotation marks omitted)). We review a nexus determination—whether

Cardenas-Zepeda’s membership in her proposed social groups was one central

reason for the threats and extortion—for substantial evidence. See Edimo-Doualla

v. Gonzales, 464 F.3d 276, 282–83 (2d Cir. 2006).

The social groups in which Cardenas-Zepeda alleges membership are

current or former family members of small businessowners who are or have been

indebted to gangs in Honduras. Substantial evidence supports the agency’s

4 conclusion that Cardenas-Zepeda failed to show that her membership in these

groups was a central, rather than a “tangential or incidental” reason, that gangs

targeted her. Garcia-Aranda v. Garland, 53 F.4th at 758. Cardenas-Zepeda alleged

that her partner was extorted by unknown callers to pay a monthly “war tax” to

run his honey business, and that the callers threatened to harm him and his family

if he did not pay. This reflects that, in using extortion, the callers were principally

motivated by a desire to increase their wealth, not by animosity towards Cardenas-

Zepeda’s family. Id. at 757; Quituizaca v. Garland, 52 F.4th at 115 (concluding, in

case where gang members sought money and property from applicant, that the

“evidence established the greater probability that the gang was motivated . . .

based on incentives presented to ordinary criminals” (quotation marks omitted));

cf. Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73 (2d Cir. 2007) (“When the harm visited

upon members of a group is attributable to the incentives presented to ordinary

criminals rather than to persecution, the scales are tipped away from considering

those people a ‘particular social group’ within the meaning of the INA.”). This

failure to establish a nexus between the harm suffered or feared and her proposed

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