Carlos Manuel Calles Quinteros v. Eric H. Holder, Jr.
707 F.3d 1006
| 8th Cir. | 2013Background
- Calles Quinteros, a Salvadoran national, entered the U.S. unlawfully in 2003 at age 14.
- In 2008, INS charged removability under INA § 237(a)(6)(A); he conceded removability but sought asylum, withholding, and CAT relief in Sept. 2008.
- He claimed persecution or fear of persecution based on being a family member of local business owners amid MS-13 gang activity in El Salvador.
- The IJ found him generally credible but denied asylum, withholding, and CAT relief, and granted voluntary departure.
- The IJ held his asylum application untimely, rejected the proposed social-group as non-immutable, and found fear of future persecution not objectively reasonable.
- The BIA affirmed, and Calles Quinteros timely petitioned for review; the BIA later denied reopening/reconsideration and ineffective-assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether family members of a local business owner are a cognizable social group | Calles Quinteros argues Crespin-Valladares supports recognizing family of business owners | BIA rejects that social group as amorphous and non-immutable | No; not a cognizable social group under applicable standard. |
| Whether the BIA erred in denying reopening/reconsideration on ineffective assistance | Calles Quinteros claims ineffective assistance prejudiced the outcome | BIA found no prejudice since merits would have been same | No reversible error; no prejudice shown. |
| Whether the record supports past persecution or a well-founded fear of future persecution | Calles Quinteros asserts targeted persecution due to social group | BIA found fear speculative and not objectively reasonable | No substantial evidence of past persecution or well-founded fear. |
| Timeliness of asylum application | Argues application timely or within reasonable time after turning 18 | Application untimely under one-year bar or reasonable-time rule | Timeliness supported by record; asylum denied. |
Key Cases Cited
- Davila-Mejia v. Mukasey, 531 F.3d 624 (8th Cir. 2008) (social group concept and immutable characteristic guidance)
- Perinpanathan v. I.N.S., 310 F.3d 594 (8th Cir. 2002) (fear must be objectively reasonable; not speculative)
- Ngengwe v. Mukasey, 543 F.3d 1029 (8th Cir. 2008) (Chevron deference to BIA on 'particular social group' term)
- Guled v. Mukasey, 515 F.3d 872 (8th Cir. 2008) (standard for review of BIA denial; substantial evidence applies)
- Davila-Mejia v. Mukasey, 531 F.3d 624 (8th Cir. 2008) (reiterated emphasis on social-group analysis)
- Crespin-Valladares v. Holder, 632 F.3d 117 (4th Cir. 2011) (family members of a government-cooperating relative as social group; distinguishable facts)