Beltrand-Alas v. Holder
689 F.3d 90
1st Cir.2012Background
- Beltrand-Alas is a native and citizen of El Salvador who entered the United States illegally in December 2003.
- Removal proceedings began April 25, 2006, charging him with removability for lack of admission or parole and for lacking a valid immigrant visa.
- At the merits hearing, Beltrand-Alas testified to gang threats, his brother's murder by unknown assailants, and fear of retaliation upon return to El Salvador.
- The IJ deemed his asylum claim untimely, and found no past persecution or nexus to a protected ground, though credible testimony was found.
- The IJ granted voluntary departure; the BIA affirmed, agreeing no protected-ground nexus and rejecting social-group claims.
- Beltrand-Alas petitioned this court for review challenging the BIA's denial of withholding of removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Beltrand-Alas proved withholding on a protected ground | Beltrand-Alas, opposing gangs, seeks protection as a social group or political-oppose-ground. | BIA found no cognizable social group or political opinion nexus and no targeted persecution. | No substantial evidence of nexus; denied |
| Whether the social-visibility requirement is a valid basis for a social-group finding | Judulang renders BIA's social-visibility approach arbitrary. | Social visibility is a reasonable elaboration of the social-group concept. | Social visibility upheld as reasonable |
| Whether the claimed group of opposition to gangs is socially visible and particular | Actual opposition to gangs constitutes a cognizable social group. | Opposition alone lacks social visibility and particularity; the group is not cognizable. | Not a cognizable social group |
| Whether Beltrand-Alas was persecuted on account of political opinion | Gangs' actions stem from political opposition; persecutory motive exists. | Gangs act for greed; persecution not shown to be for political opinion. | No nexus to political opinion established |
| Whether Beltrand-Alas demonstrated past persecution or sufficient likelihood of torture | Past persecution shown by brother's murder and threats. | No proven past persecution; torture unlikely and not officially instigated. | No error in BIA's findings; withholding denied |
Key Cases Cited
- Garcia-Callejas v. Holder, 666 F.3d 828 (1st Cir. 2012) (opposition to gangs not a cognizable social group)
- Mendez-Barrera v. Holder, 602 F.3d 21 (1st Cir. 2010) (resistance to gang recruitment not a protected group; lack of social visibility)
- Arévalo-Girón v. Holder, 667 F.3d 79 (1st Cir. 2012) (greed as motive for gangs; burden to differentiate the alien)
- Lopez de Hincapie v. Gonzales, 494 F.3d 213 (1st Cir. 2007) (persecution assessment requires distinguishing the alien's circumstances)
- Judulang v. Holder, 132 S. Ct. 476 (Sup. Ct. 2011) (auxiliary discussion on interpretation of statutory language; social-visibility context not dispositive here)