Acacihua-Flores v. Garland
21-60168
| 5th Cir. | Mar 31, 2022Background
- Petitioner Valeria Aguilina Acacihua‑Flores, a Mexican national, sought asylum, withholding of removal, and CAT protection.
- An immigration judge denied relief; the Board of Immigration Appeals (BIA) dismissed her appeal.
- The Fifth Circuit reviews the BIA’s decision under the substantial evidence standard and considers the IJ only to the extent it influenced the BIA.
- The BIA found Acacihua‑Flores failed to show membership in a cognizable particular social group (PSG), a required ground for asylum/withholding.
- Her claim that she would likely be tortured if returned was conclusory; the BIA rejected the CAT claim.
- The Fifth Circuit denied the petition for review and denied the motion to dismiss without prejudice because the procedural prerequisites for such dismissal were not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is a member of a cognizable PSG for asylum/withholding | Acacihua‑Flores argued she belonged to a PSG that would subject her to persecution | Government argued she failed to establish membership in any cognizable PSG | BIA decision affirmed; petitioner did not establish a cognizable PSG under substantial evidence review |
| Whether substantial evidence compels reversal of denial of asylum/withholding | Acacihua‑Flores contended the record compelled relief | Government maintained the record supports denial | Court held substantial evidence does not compel a contrary result to the BIA |
| Whether petitioner is entitled to CAT protection (likely torture on return) | Acacihua‑Flores asserted she would likely be tortured if returned | Government argued claim was conclusory and unsupported by evidence | Held CAT relief denied; conclusory assertion insufficient to overturn BIA |
| Whether appeal should be dismissed without prejudice under Fifth Circuit practice | Petitioner sought dismissal without prejudice (procedural request) | Government noted petitioner did not file required motion to stay under Circuit rule | Motion to dismiss without prejudice denied for failure to follow the procedural rule |
Key Cases Cited
- Singh v. Sessions, 880 F.3d 220 (5th Cir. 2018) (explains review of BIA and limited consideration of IJ decision)
- Zhang v. Gonzales, 432 F.3d 339 (5th Cir. 2005) (applies substantial evidence standard to immigration fact findings)
- Martinez-Lopez v. Barr, 943 F.3d 766 (5th Cir. 2019) (refuses to overturn factual findings absent evidence compelling contrary conclusion)
- Orellana-Monson v. Holder, 685 F.3d 511 (5th Cir. 2012) (discusses PSG requirements for asylum/withholding)
- Morales v. Sessions, 860 F.3d 812 (5th Cir. 2017) (conclusory assertions insufficient to establish CAT entitlement)