Arevalo-Giron v. Holder, Jr.
667 F.3d 79
1st Cir.2012Background
- Arévalo-Girón, a Guatemalan national, seeks review of BIA denial of withholding of removal.
- She entered the U.S. on Nov 1, 1997, without inspection; removal proceedings followed about a decade later.
- IJ denied asylum as time-barred, withholding for lack of nexus to a protected status, and CAT relief for lack of government involvement.
- BIA affirmed the IJ; petitioner challenges only withholding of removal.
- Court applies substantial-evidence review to factual findings and reviews legal conclusions de novo.
- Court analyzes whether fear of harm is tied to protected grounds, and whether any cognizable social group or past persecution supports withholding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner established eligibility for withholding under the protected-ground standard | Arévalo-Girón asserts past persecution tied to status as a former child of war or affluent woman. | Record shows harm during Guatemala's civil conflict; no evidence harm is linked to statutorily protected status. | Denied; no nexus to protected grounds and no cognizable social group demonstrated. |
| Whether 'former child of war' or 'single woman with substantial resources' are cognizable social groups | Claims these groups are legally cognizable for withholding. | Governing cases question cognizability of such groups; record lacks linkage to status. | No cognizable social group established; but decision rests on lack of nexus anyway. |
| Whether there is a government nexus between feared harm and Guatemalan government | Harm would occur due to non-government actors; nexus implied by state complicity. | Gangs act independently; no government involvement shown. | No governmental nexus found; withholding denied. |
| Whether past persecution can be established from non-status harms shown | Past harms (father's murder, brothers drafted, education lack) reflect persecution. | Harms attributed to civil war generally, not petitioner’s status. | Past harms not linked to protected status; does not establish past persecution. |
| Whether State Department country conditions alter outcome | Reports show violence against women in Guatemala. | Violence is widespread and not targeted to a protected group. | Record does not show targeted harm to petitioner’s claimed group; no change in result. |
Key Cases Cited
- López-Castro v. Holder, 577 F.3d 49 (1st Cir. 2009) (requires protected-ground nexus for withholding)
- Morgan v. Holder, 634 F.3d 53 (1st Cir. 2011) (substantial-evidence standard for factual findings)
- INS v. Elias-Zacarias, 502 U.S. 478 (U.S. 1992) (persecution requires nexus to a protected ground)
- Lopez Pérez v. Holder, 587 F.3d 456 (1st Cir. 2009) (tests causation and cognizability of social groups)
- Aguilar-Solis v. INS, 168 F.3d 565 (1st Cir. 1999) (mere civil strife not persecution)
- Scatambuli v. Holder, 558 F.3d 53 (1st Cir. 2009) (affluent Guatemalans not necessarily a cognizable group)
- Lopez de Hincapie v. Gonzales, 494 F.3d 213 (1st Cir. 2007) (greed as trigger for gang violence; not a basis for a social group)
- Palma-Mazariegos v. Gonzales, 428 F.3d 30 (1st Cir. 2005) (violence against all Guatemalans; not focused on a group)