Ayala v. Holder
2011 U.S. App. LEXIS 10146
| 9th Cir. | 2011Background
- Ayala, a native and citizen of El Salvador, seeks asylum, withholding of removal, and CAT protection after being a former military officer who investigated drug crimes.
- He was attacked and threatened by drug dealers he had personally arrested, following his discharge from the military.
- The Board of Immigration Appeals affirmed an IJ's denial of his asylum, withholding, and CAT claims.
- The BIA and IJ concluded Ayala failed to show persecution on account of a cognizable social group.
- The court reviews de novo the legal question of cognizable social groups and uses substantial evidence for factual findings.
- The court adopts the BIA’s interpretation of “particular social group” and analyzes Ayala’s claim under that framework, then denies relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ayala's proposed social group is cognizable. | Ayala asserts former officers form a cognizable PSG. | Government and BIA treat the group as not sufficiently persecuted for membership. | Cognizable PSG exists, but Ayala still fails on the persecution showing. |
| Whether persecution was on account of membership in the PSG. | Ayala shows persecution because of status as former officer. | Persecution targeted because of activity (arresting a drug dealer), not membership. | Not on account of membership; persecution evidence insufficient. |
| Whether Ayala is entitled to asylum under INA standards. | Membership in a PSG of former officers is a basis for asylum. | Even with cognizable PSG, persecution must be on account of that status. | Denied; asylum claim fails due to lack of causal link. |
| Whether Ayala qualifies for withholding of removal or CAT protection. | If asylum is denied, withholding/CAT should be considered. | Analyses mirror asylum; failure on asylum carries failure on withholding and CAT. | Denied for both withholding and CAT protection. |
Key Cases Cited
- INS v. Elias-Zacarias, 502 U.S. 478 (Supreme Court 1992) (persecutory motive requires causation tied to protected ground)
- Santos-Lemus v. Mukasey, 542 F.3d 738 (9th Cir. 2008) (narrow interpretation of persecution based on PSG membership)
- Cruz-Navarro v. INS, 232 F.3d 1024 (9th Cir. 2000) (former officers can support PSG; persecution must target status)
- Velarde v. INS, 140 F.3d 1305 (9th Cir. 1998) (immutable characteristics may support PSG-based persecution)
- Arriaga-Barrientos v. INS, 937 F.2d 411 (9th Cir. 1991) (military service generally not per se PSG; need ongoing group targeting)
- Matter of C-A-, 23 I. & N. Dec. 951 (BIA 2006) (BIA recognizes potential PSG of former officers; treated for context)
- Perdomo v. Holder, 611 F.3d 662 (9th Cir. 2010) (proper standard for review of legal questions in asylum cases)
- Arteaga v. Mukasey, 511 F.3d 940 (9th Cir. 2007) (CAT protection standard requiring government acquiescence or consent)