24-60350
5th Cir.Mar 11, 2025Background
- Yeimy Patricia Cruz-Velasquez, a native of Honduras, petitioned for review of a Board of Immigration Appeals (BIA) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).
- The BIA upheld the immigration judge's (IJ) denial of her claims, finding her proposed particular social group (PSG) of "Honduran women" not cognizable based on existing Fifth Circuit precedent.
- Cruz-Velasquez did not argue against the BIA's reliance on this precedent and instead cited case law from other circuits.
- She also failed to exhaust other potential grounds for asylum or withholding, such as being a younger woman or having recently lost her father, barring those claims from review.
- For her CAT claim, she did not meaningfully dispute the BIA's conclusion that she failed to show likely torture with government acquiescence.
- The Fifth Circuit reviewed the BIA's decision and denied her petition for review on all grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cognizability of PSG “Honduran women” | PSG is cognizable for asylum/withholding | PSG is not cognizable under Fifth Circuit case law | Not cognizable; relief denied |
| Exhaustion of other PSG/imputed claims | (Arguments not raised/exhausted) | Issues not properly exhausted in proceedings | Not considered by court |
| CAT relief – Government acquiescence | (No real argument on acquiescence) | No evidence of likely torture with gov. acquiescence | CAT claim forfeited and denied |
| Applicability of other circuit precedent | Relied on other circuits’ cases | Only Fifth Circuit/Supreme Court law applies | Other circuits' cases not binding |
Key Cases Cited
- Orellana-Monson v. Holder, 685 F.3d 511 (5th Cir. 2012) (standard for reviewing BIA decisions and requirements for asylum/withholding)
- Chen v. Gonzales, 470 F.3d 1131 (5th Cir. 2006) (substantial evidence standard for reviewing factual determinations in asylum cases)
- Jaco v. Garland, 24 F.4th 395 (5th Cir. 2021) (PSG of "Honduran women" not cognizable under Fifth Circuit law)
- Peters v. Ashcroft, 383 F.3d 302 (5th Cir. 2004) (only Fifth Circuit and Supreme Court precedent bind the BIA in Fifth Circuit cases)
- Chambers v. Mukasey, 520 F.3d 445 (5th Cir. 2008) (issues not briefed are considered abandoned)
- Soadjede v. Ashcroft, 324 F.3d 830 (5th Cir. 2003) (same as above)