Israel Felipe Lira Saldana v. Loretta E. Lynch

820 F.3d 970, 2016 U.S. App. LEXIS 7672, 2016 WL 1696701
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 28, 2016
Docket15-1226
StatusPublished
Cited by19 cases

This text of 820 F.3d 970 (Israel Felipe Lira Saldana v. Loretta E. Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Israel Felipe Lira Saldana v. Loretta E. Lynch, 820 F.3d 970, 2016 U.S. App. LEXIS 7672, 2016 WL 1696701 (8th Cir. 2016).

Opinions

COLLOTON, Circuit Judge.

Israel Felipe Lira Saldana, his wife, Elizabeth Pino Peralta, and their children, Matilda, Israel, and Karla, petition for review of a decision of the Board of Immigration Appeals denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture. We conclude that the Board’s decision was supported by substantial evidence, and we therefore deny the petition for review.

[973]*973I.

The petitioners are natives and citizens of .Mexico. They entered the United States in August 2011 and applied for asylum, withholding of removal, and relief under the Convention against Torture. The petitioners contend that members of the Matazetas gang in Mexico will persecute them if they are returned to Mexico, because the Matazetas believe that. Elizabeth and her sister, Angelica Pino Peralta, were romantically involved with members of a rival criminal organization known as Los Zetas. In terms of the governing statutes, the petitioners asserts that the Matazetas will persecute them based on their membership in a particular social group, and that the Mexican government is unwilling or unable to control the Matazetas: See 8 U.S.C. §§ 1101(a)(42)(A), 1158(b)(1).

At a hearing before an immigration judge, daughter Karla testified concerning an incident that occurred in August 2011, in the state of Veracruz, while she resided at the home of Elizabeth’s mother with Angelica, Angelica’s four children, and Elizabeth’s brother. According to Karla, masked men armed with weapons entered the house, assaulted Karla’s uncle, and asked where to find Angelica and “Chula,” a nickname used by Elizabeth. The men méntioned former boyfriends of Angelica who were members of'the Zetas gang and sought information about the Zetas'from the women. '• The men threatened to rape and torture Angélica and Elizabeth when they found them. According to Karla, the intruders took a seven-year-old son of Angelica’s outside for “interrogation” and influenced him to tell a “commander” that Elizabeth had dated a member of the Zp-tas. After this incident, Angelica (who had been hiding in the home) and Karla fled the area and eventually traveled to the United States. But the armed men returned later and abducted Karla’s uncle and-grandmother, who remain missing. -

When Elizabeth learned about the home invasion, she fled the country with Israel and the other two children. Israel testified that he believed the family was being targeted because of Angelica’s romantic relationship with a member of Los Zetas. He said that a friend in Veracruz had called him after the family departed and said that unidentified men had said they would kill anyone found in the petitioners’ home. Elizabeth reported hearing later from a friend in Mexico that she should “not come back because they’re still looking for you.”

The petitioners’ expert witness, Dr. Thomas Boerman, testified that drug-trafficking organizations are engaged in criminal activity throughout most of Mexico. He explained that the Matazetas claim “to be essentially nationalistic protectors of the state of Veracruz and its population.” He opined in a declaration that the Mexican government “is essentially, powerless to contain” criminal organizations,- and that “once targeted, the gravity of the threat toward an individual does not diminish across time.” .

The immigration judge credited the testimony of the petitioners and Dr. Boer-man, but rejected the claims for asylum and' withholding of removal on multiple grounds. The Board affirmed the decision. The Board concluded that the petitioners had not identified a particular social group that warranted protection under the statute, because “the record does not sufficiently reflect- that Mexican society would perceive family members of someone who dated gang members as sufficiently separate or distinct.”

The Board also found that the petitioners were not eligible for relief because the source of the alleged-harm was not the Mexican government or a group that the [974]*974government was unwilling or unable to control. The Board observed that Elizabeth’s grandmother filed a police report about the home invasion, that the police continued to investigate the incident, and that the government was “making attempts to control criminals and drug traffickers.” The Board ruled alternatively that it was reasonable for the family to relocate within Mexico, because Dr. Boer-man’s testimony did not establish that the Matazetas were a threat outside of Veracruz. Like the immigration judge, the Board rejected the family’s claim for relief under the Convention against Torture because they did not establish that the Mexican government would acquiesce in torture.

We review the Board’s decision for substantial evidence on the record as a whole, Menendez-Donis v. Ashcroft, 360 F.3d 915, 918 (8th Cir.2004), and cannot disturb its findings of fact “unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see INS v. Elias-Zacarias, 502 U.S. 478, 481 & n. 1, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Where the Board adopted the reasoning of the immigration judge, we consider the two decisions together. Falaja v. Gonzales, 418 F.3d 889, 894 (8th Cir.2005).

II.

The Attorney General may grant asylum to aliens who are unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of “membership in a particular social group.” See 8 U.S.C. §§ 1101(a)(42)(A), 1158(b)(1). The petitioners argue that the Board erred by considering the wrong proffered social group. They also challenge the Board’s alternative reasons for rejecting their claims for relief.

The petitioners contend that they are members of a “particular social group” defined as the Lira-Pino family, which consists of twelve persons related to Elizabeth who lived in two households in Veracruz. One household includes the adult petitioners and two of the children; the other household consists of the third child, Karla, and the seven other relatives with whom she resided. The petitioners assert that “family” is an established particular social group under the asylum statute, and that the Board erred in ruling that they failed to allege persecution based on a protected ground. The government responds that while the petitioners did say during the administrative process that their proposed social group was “family,” they also defined the group as “relatives of a person who had a romantic relationship with a gang member,” and that the Board properly rejected a claim based on that proposed social group.

The definition of the proffered particular social group in this case has been something of a moving target. In oral argument before the immigration judge, counsel for petitioners referred to a particular social group as “family” or “family members.” A.R. 276, 327, 524.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

N. v. Garland
109 F.4th 389 (Fifth Circuit, 2024)
Gustavo Alvarez-Gomez v. Merrick Garland
56 F.4th 582 (Eighth Circuit, 2022)
Hugo Bautista-Bautista v. Merrick B. Garland
3 F.4th 1048 (Eighth Circuit, 2021)
A-B
Board of Immigration Appeals, 2021
Abdirizak Ahmed v. Merrick B. Garland
993 F.3d 1029 (Eighth Circuit, 2021)
Scarlett v. Barr
957 F.3d 316 (Second Circuit, 2020)
Prudencia Jimenez Galloso v. William P. Barr
954 F.3d 1189 (Eighth Circuit, 2020)
Clemente Avelino Pereida v. William P. Barr
916 F.3d 1128 (Eighth Circuit, 2019)
Richardson Edionseri v. Jefferson B. Sessions III
860 F.3d 1101 (Eighth Circuit, 2017)
Maria Dolores Fuentes-Erazo v. Loretta E. Lynch
848 F.3d 847 (Eighth Circuit, 2017)
Arminda Del Carmen Santacruz v. Loretta E. Lynch
666 F. App'x 576 (Eighth Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
820 F.3d 970, 2016 U.S. App. LEXIS 7672, 2016 WL 1696701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/israel-felipe-lira-saldana-v-loretta-e-lynch-ca8-2016.