Daniel Flores v. Eric H. Holder, Jr.
699 F.3d 998
| 8th Cir. | 2012Background
- Flores, a native and citizen of El Salvador and former Salvadoran military sergeant, fled to the United States in 1989 after guerillas targeted his family.
- Upon fleeing, Flores adopted the name Daniel Flores and has used that name in immigration proceedings for years.
- Guerillas killed Flores's father and later harmed his mother and sister; Flores contends family harm continued after the war.
- Flores first sought asylum in 1994 and later sought withholding of removal and CAT relief; in 2010 he disclosed his birth name as Jose Julio Granadeno-Rosales and submitted birth-name evidence.
- An IJ denied asylum, withholding, and CAT relief, finding no past persecution and no well-founded fear tied to a protected ground, and denying cancellation of removal for lack of good moral character based on false testimony.
- The BIA affirmed, but this court vacates and remands for clarified, proper factual review, including potential reconsideration of past persecution and name-change issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BIA properly reviewed past persecution and well-founded fear. | Flores argues past persecution or fear on account of protected grounds. | BIA/IJ found no persecution tied to protected ground and relied on general violence. | Remand for clarified, proper factual analysis on past persecution and nexus. |
| Whether family-member harm can support past persecution and whether BIA misapplied law. | Flores contends family harms may show persecution. | BIA treated harms to family as insufficient or improperly analyzed. | Remand to re-evaluate with correct legal standards. |
| Whether the BIA engaged in improper factfinding in assessing false testimony for 1101(f)(6). | BIA relied on IJ findings; asserted improper independent factfinding. | BIA conducted proper review of factual findings. | Remand to permit proper review of IJ factual findings; avoid independent factfinding. |
| Whether Flores’s name-change and Kansas common-law analysis were correctly applied for good moral character. | Question whether name change was legitimate and not fraud. | BIA found name change tainted by fraud; proper application of 1101(f)(6). | Remand for proper factual review on name-change issue. |
Key Cases Cited
- Jalloh v. Gonzales, 418 F.3d 920 (8th Cir. 2005) (past-persecution via family harms may be persecutory when tied to a protected ground)
- Ahmadshah v. Ashcroft, 396 F.3d 920 (8th Cir. 2005) (family persecution can prove past persecution)
- Waldron v. Holder, 688 F.3d 354 (8th Cir. 2012) (BIA cannot engage in independent factfinding; limited review for clear error)
- Omondi v. Holder, 674 F.3d 793 (8th Cir. 2012) (BIA must provide specific reasoning for review; remand when unclear)
- El-Sheikh v. Ashcroft, 388 F.3d 643 (8th Cir. 2004) (well-founded fear standard; evidentiary burden)