Maryori Marin v. U.S. Attorney General

253 F. App'x 830
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 6, 2007
Docket07-11123
StatusUnpublished
Cited by1 cases

This text of 253 F. App'x 830 (Maryori Marin v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maryori Marin v. U.S. Attorney General, 253 F. App'x 830 (11th Cir. 2007).

Opinion

PER CURIAM:

Maryori Marin, a citizen of Venezuela, through counsel, seeks review of the Board of Immigration Appeals’s (“BIA”) decision summarily affirming the Immigration Judge’s (“IJ”) order denying her application for asylum and withholding of removal under the Immigration and Nationality Act (“INA”), and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (“CAT”). We dismiss Marin’s petition as to her withholding of removal and CAT claims because she failed to exhaust her administrative remedies for those claims. We grant her petition as to her asylum claim, however, and remand to the BIA.

*832 I. BACKGROUND

In July 2003, the Department of Homeland Security (“DHS”) admitted Marin to the United States in Miami as a non-immigrant B-2 visitor for a temporary period not to exceed January 19, 2004. On September 15, 2003, Marin applied to the DHS for asylum, withholding of removal, and protection under the CAT. On March 16, 2004, the DHS filed a Notice to Appear with the Miami Immigration Court, charging Marin with removability under 8 U.S.C. § 1227(a)(1)(B) because she remained in the United States for a longer time than permitted. On June 30, 2004, Marin appeared before the IJ with counsel, conceded removability and stated that she wished to seek asylum, withholding of removal, and protection under the CAT.

At her removal hearing on July 11, 2005, Marin testified in support of her application. She testified that she worked as a chemical engineer for Venezuela petroleum from September 2001 to January 2003 and that she was an active member of the Petroleum Workers Union, UNAPE-TROL. Marin allegedly attended all of UNAPETROL’s activities, including bimonthly marches in demonstration against President Hugo Chavez’s government, and served as a leader for some UNAPETROL activities.

While Marin described several instances of alleged persecution in her application, the most pertinent on appeal are the phone call and shooting of June 3, 2003. Marin claims that she received an anonymous call that morning from a man who said he knew her class schedule, when she came and left her home, and where her friends lived. The man purportedly threatened that Marin would “pay dearly” if she continued to protest against President Chavez. That evening, as Marin drove home from class, a car allegedly approached her vehicle and tried to force Marin to lose control thereof. Marin asserts that as she began to speed up, the men in the vehicle began to shoot at her car, destroying her windshield. As they drove away, Marin said, they made a hand signal identifying themselves as Chavez supporters.

After the presentation of evidence, the IJ issued an oral decision denying Marin’s application for asylum. Specifically, the IJ noted that Marin did not provide evidence apart from her own testimony to support her claim that she was involved with UNA-PETROL beyond mere membership. Furthermore, the IJ indicated that to rule in Marin’s favor, it would have needed some corroboration of her car-chase story, like a police report. According to the IJ, Marin’s argument that she did not go to the police because the police supported Chavez did not suffice. Thus, the IJ found that Marin did not show past persecution or a well-founded fear of future persecution under the INA.

In her brief before the BIA, Marin challenged the IJ’s conclusion that she had failed to show that she was specifically targeted on account of her political beliefs as contrary to the weight of the evidence. The BIA, however, affirmed the IJ’s decision without an opinion.

On appeal from the BIA, Marin argues that the IJ erred because her oral testimony was sufficient to establish past persecution or a well-founded fear of future persecution based on her anti-Chavez opinions. In response, the Government argues that we (1) lack jurisdiction over Marin’s asylum claims because she abandoned them, and (2) lack jurisdiction over her withholding of removal and CAT claims because she did not exhaust them below and abandoned them here. Furthermore, the government argues that even if we disagree on the abandonment issue, the record does *833 not compel reversal of the IJ’s decision. Marin did not file a reply brief.

II. DISCUSSION

A. Jurisdiction

We review jurisdictional matters de novo. Brooks v. Ashcroft, 283 F.3d 1268, 1272 (11th Cir.2002). “The exhaustion requirement applicable to immigration cases is found in 8 U.S.C. § 1252(d)(1), which provides that ‘[a] court may review a final order of removal only if ... the alien has exhausted all administrative remedies available to the alien as of right.’ ” Sundar v. I.N.S., 328 F.3d 1320, 1323 (11th Cir.2003). Because we view that requirement as jurisdictional, we lack “jurisdiction to consider claims that have not been raised before the BIA.” Id. In her brief before the BIA, Marin does not mention her claim under the CAT and only mentions withholding of removal in her concluding sentence. Thus, we agree with the government that we do not have jurisdiction to consider these claims.

We disagree, however, with the government’s argument that Marin abandoned her asylum claim by inadequately raising it before us on appeal. “When an appellant fails to offer argument on an issue, that issue is abandoned,” and passing references to an issue are insufficient to prevent abandonment. Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1228 n. 2 (11th Cir.2005) (per curiam). The government argues that “Marin has not made any statement in her brief that might, even liberally, be construed as a coherent argument relating to the dispositive bases on which the Immigration Judge denied Marin’s claim for asylum.” (Red Brief at 26). Despite the absence of coherence and sophisticated legal argument in her brief, however, Marin does explicitly challenge the IJ’s asylum determination. Because we read Marin’s brief liberally, therefore, we conclude that she has sufficiently raised her asylum claim before us, and we address that claim here. See Allstate Ins. Co. v. Swann, 27 F.3d 1539, 1542 (11th Cir.1994) (“briefs should be read liberally to ascertain the issues raised on appeal”).

B. Asylum

Because the BIA summarily affirmed the IJ’s decision, we review the IJ’s decision directly. Sanchez Jimenez v. U.S. Att’y Gen., 492 F.3d 1223, 1231 (11th Cir.2007). We review the IJ’s factual determinations under the substantial evidence test. Id. at 1230.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
253 F. App'x 830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maryori-marin-v-us-attorney-general-ca11-2007.