Carmen Odalis Cabrera-Hernandez v. Pamela Bondi

CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 16, 2025
Docket25-3123
StatusUnpublished

This text of Carmen Odalis Cabrera-Hernandez v. Pamela Bondi (Carmen Odalis Cabrera-Hernandez v. Pamela Bondi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carmen Odalis Cabrera-Hernandez v. Pamela Bondi, (6th Cir. 2025).

Opinion

NOT RECOMMENDED FOR PUBLICATION File Name: 25a0469n.06

Case No. 25-3123 FILED UNITED STATES COURT OF APPEALS Oct 16, 2025 FOR THE SIXTH CIRCUIT KELLY L. STEPHENS, Clerk

) CARMEN ODALIS CABRERA-HERNANDEZ, ) Petitioner, ) ) ON PETITION FOR REVIEW FROM v. ) THE UNITED STATES BOARD OF ) IMMIGRATION APPEALS PAMELA BONDI, Attorney General, ) Respondent. ) OPINION )

Before: NALBANDIAN, MATHIS, and RITZ, Circuit Judges.

RITZ, Circuit Judge. Carmen Cabrera-Hernandez seeks review of a Board of

Immigration Appeals (“BIA”) order affirming an Immigration Judge’s (“IJ”) denial of her

application for asylum, withholding of removal, and protection under the Convention Against

Torture (“CAT”). We deny Cabrera-Hernandez’s petition.

BACKGROUND

I. Facts

On July 16, 2014, Honduran citizen Carmen Cabrera-Hernandez entered the United States

unlawfully—without being admitted or paroled by an immigration officer—in violation of

§ 212(a)(6)(A)(i) of the Immigration and Nationality Act. 8 U.S.C. § 1182(a)(6)(A)(i). The

Department of Homeland Security initiated removal proceedings against Cabrera-Hernandez, who

appeared before an IJ and conceded her removability. But she applied for asylum, withholding of

removal, and protection under the CAT as relief from removal. No. 25-3123, Cabrera-Hernandez v. Bondi

On September 8, 2020, the IJ held a hearing to adjudicate Cabrera-Hernandez’s

applications. At the hearing, Cabrera-Hernandez testified that she had lived with her grandmother

in Honduras, but fled to the United States when she was twelve years old after gang members twice

threatened to kidnap her. The first incident happened in May 2014 when she and her friend Maria

were walking home from school. Two gang members confronted them and threatened to kidnap

them. So, Cabrera-Hernandez’s uncle began to escort her to and from school. A week after the

threat, Maria was kidnapped, only to be released when her parents paid a ransom. Soon after, in

June 2014, on a day when her uncle was unable to take her to school, Cabrera-Hernandez was

threatened again by the same gang members. She did not return to school after this incident and,

the following month, fled Honduras with the help of a female acquaintance. Cabrera-Hernandez

reunited with her parents in the United States in August 2014. She is now twenty-four years old.

Cabrera-Hernandez claims she would be kidnapped or murdered if returned to Honduras,

and she does not believe the police will protect her. Just two months after she fled Honduras,

her uncle was murdered—allegedly by gang members—and the police did not investigate his

death. Cabrera-Hernandez also fears retaliation by the gang if she were to file a police report.

Similarly, she does not believe that her grandmother and aunt—her only remaining family in

Honduras—would be able to protect her.

The IJ denied Cabrera-Hernandez’s applications. As for her asylum claim, the IJ concluded

that her proposed particular social groups (“PSGs”)—“Honduran women,” “Honduran females

between the ages of 5 and 21,” and “Honduran females between the ages of 15 and 24”—were not

legally cognizable. AR 105-06. Cabrera-Hernandez therefore failed to show that any persecution

occurred or would occur on account of a protected class. And because the evidence did not prove

-2- No. 25-3123, Cabrera-Hernandez v. Bondi

an asylum claim, it could not satisfy the more stringent standard of proof for withholding of

removal. The IJ also denied CAT protection.

The BIA affirmed, discussing only the cognizability of Cabrera-Hernandez’s proposed

PSGs. This petition for review followed.

ANALYSIS

I. Standard of Review

This court has jurisdiction to review a final order of the BIA under 8 U.S.C. § 1252(a)(1).

When, as here, the BIA “reviews the [IJ’s] decision and issues a separate opinion, rather than

summarily affirming the [IJ’s] decision, we review the BIA’s decision as the final agency

determination.” Khalili v. Holder, 557 F.3d 429, 435 (6th Cir. 2009), abrogated on other grounds

as recognized in Seldon v. Garland, 120 F.4th 527, 531 (6th Cir. 2024). But where the BIA

adopted the IJ’s reasoning, “this court also reviews the [IJ’s] decision.” Sanchez-Robles v. Lynch,

808 F.3d 688, 692 (6th Cir. 2015). To reverse the BIA’s factual determinations, this court “must

find that the evidence not only supports a contrary conclusion, but indeed compels it.” Klawitter

v. I.N.S., 970 F.2d 149, 152 (6th Cir. 1992). We review de novo the BIA’s legal determinations,

including the cognizability of a PSG. Singh v. Rosen, 984 F.3d 1142, 1148 (6th Cir. 2021).

II. Asylum Claim

Applicants seeking asylum under the Immigration and Nationality Act must “meet

the definition of ‘refugee.’” Umaña-Ramos v. Holder, 724 F.3d 667, 670 (6th Cir. 2013) (citing

8 U.S.C. § 1158(b)). A refugee is a “person who is unable or unwilling to return to her home

country because of past persecution or a well-founded fear of future prosecution on account

of race, religion, nationality, membership in a particular social group, or political opinion.”

Bonilla-Morales v. Holder, 607 F.3d 1132, 1136 (6th Cir. 2010) (internal quotations omitted).

-3- No. 25-3123, Cabrera-Hernandez v. Bondi

Cabrera-Hernandez claims she is eligible for asylum because of her membership in a cognizable

PSG. She offers three related PSGs to support her asylum claim: “Honduran women,” “Honduran

females between the ages of 5 and 21,” and “Honduran females between the ages of 15 and 24.”

CA6 R. 13, Pet’r Br., at 12.

A. Particular Social Groups

A petitioner seeking asylum or withholding of removal via PSG membership must

show that the group is “(1) composed of members who share a common immutable characteristic,

(2) defined with particularity, and (3) socially distinct within the society in question.” Matter of

M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014); Umaña-Ramos, 724 F.3d at 671. Because

“[g]eneral conditions of rampant gang violence alone are insufficient to support a claim for

asylum,” Umaña-Ramos, 724 F.3d at 670, petitioners must demonstrate they are “targeted for

abuse based on [their] membership in a protected category.” Mohammed v. Keisler, 507 F.3d 369,

371 (6th Cir. 2007). Here, the IJ and BIA found that Cabrera-Hernandez’s proposed PSGs of

“Honduran women,” “Honduran females between the ages of 5 and 21,” and “Honduran females

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