Claros Cantarero v. Holder, Jr.
2013 U.S. App. LEXIS 22211
| 1st Cir. | 2013Background
- Claros, a Salvadoran citizen, sought asylum, withholding, and CAT protection after alleging persecution for former gang membership.
- He entered the U.S. in 2004 at age 12 and has lived here continuously since; his parents had TPS status.
- Claros joined the East Boston arm of the 18th Street gang at 16 and learned gang activities; he later left the gang after a violent incident and threats to him and his family.
- He argues that former gang members are a protected social group; he fears persecution and tattoo-related misidentification if repatriated.
- IJ denied relief; BIA affirmed, adopting the view that former gang members are not a cognizable social group under the INA; CAT relief was also denied.
- Claros timely appealed challenging the BIA’s social-group determination and the CAT denial; court reviews under Chevron for agency statutory construction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether former gang members qualify as a particular social group | Claros (Claros) argues former members are a cognizable group | BIA/ClarOS contends former gang members are not a protected social group | Denied; former gang members not a protected social group under Chevron |
| Whether the BIA's Chevron-based interpretation of 'particular social group' was permissible | Claros asserts the BIA erred in deferring to agency construction | BIA's reading is permissible and reasonable under Chevron deference | Held permissible; agency construction upholds deference |
| Whether the CAT denial is supported by substantial evidence | Claros contends government cannot protect him; insufficient proof of likely torture | BIA/IJ found no likelihood of torture by Salvadoran government or acquiescence | Held; substantial evidence supports denial of CAT relief |
Key Cases Cited
- Arteaga v. Mukasey, 511 F.3d 940 (9th Cir. 2007) (rejected recognizing current/former gang members as a social group)
- Benitez Ramos v. Holder, 589 F.3d 426 (7th Cir. 2009) (Seventh Circuit rejected ex-gang member social-group status)
- Elien v. Ashcroft, 364 F.3d 392 (1st Cir. 2004) (defers to BIA on non-protected-crime social-group determinations)
- Mayorga-Vidal v. Holder, 675 F.3d 9 (1st Cir. 2012) (El Salvador gang violence context; government efforts insufficient to compel CAT relief denial)
- Urbina-Mejia v. Holder, 597 F.3d 360 (6th Cir. 2010) (discussed as contrasting approach to BIA social-group interpretation)
- E-A-G- v. Mukasey, 24 I. & N. Dec. 591 (BIA 2008) (rejected social group of 'young persons perceived to be affiliated with gangs')
- El Salvador v. Government persecution context, 675 F.3d 9 (1st Cir. 2012) (contextual evidence for CAT sufficiency in gang-persecution cases)
- Luz E. Nagle, Criminal Gangs in Latin America, n/a (n/a) (background on gang activity referenced in opinion)
- I.N.S. v. Aguirre-Aguirre, 526 U.S. 415 (1999) (Chevron deference framework for agency statutory interpretation)
- Elias-Zacarias v. I.N.S., 502 U.S. 478 (1992) (substantial evidence standard for CAT factual findings)