Ayala v. Holder, Jr.
2012 U.S. App. LEXIS 13176
| 1st Cir. | 2012Background
- Ayala, a Guatemalan national born in 1957, sought asylum in the United States after arriving in California in 1993 and later living in Providence, Rhode Island.
- She filed affirmative applications for asylum, withholding of removal, and CAT protection, which were denied after an evidentiary hearing where she was found credible.
- Her relatives suffered violence in Guatemala at the hands of guerillas, including killings and kidnappings of cousins and grandparents, contributing to a context of armed conflict.
- The IJ denied relief for lack of past persecution, lack of well-founded fear of future persecution on a protected ground, and failure to meet withholding and CAT standards; the BIA affirmed.
- Ayala abandoned withholding-of-removal and CAT claims on appeal, and the First Circuit reviews the asylum ruling for substantial evidence and de novo legal questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past persecution on account of a protected ground | Ayala argues persecution occurred on protected ground. | Government contends no evidence links acts to a protected ground. | Not established; no evidence tying acts to protected ground. |
| Future persecution on account of a protected ground | Ayala contends fear of future persecution on protected-ground grounds. | Government asserts no objective basis for such fear. | Not established; no likelihood of future persecution tied to protected ground. |
| Applicability of 8 C.F.R. § 208.13(b)(1)(iii)(B) | Ayala invokes non-refugee relief for other serious harm upon return. | Section inapplicable because Ayala lacked past persecution. | Inapplicable; does not apply when no past persecution. |
| Standard of review | Ayala challenges the factual sufficiency of the record. | Court should review for substantial evidence and de novo questions on law. | Standard of review as stated: substantial evidence for factual findings; de novo for legal questions. |
Key Cases Cited
- Hasan v. Holder, 673 F.3d 26 (1st Cir. 2012) (substantial-evidence standard for relief determinations)
- Albathani v. INS, 318 F.3d 365 (1st Cir. 2003) (legal questions reviewed de novo)
- Hincapie v. Gonzales, 494 F.3d 213 (1st Cir. 2007) (motives of persecution must tie to protected ground)
- Lopez Perez v. Holder, 587 F.3d 456 (1st Cir. 2009) (wealth-based fear not a protected-ground basis)
- López Castro v. Holder, 577 F.3d 49 (1st Cir. 2009) (perceived wealth does not establish reasonable fear)