Garcia-Callejas v. Holder
2012 U.S. App. LEXIS 1266
| 1st Cir. | 2012Background
- Garcia-Callejas, a Salvadoran citizen, entered the United States illegally around May 9, 2006.
- DHS removal proceedings were commenced; Garcia-Callejas conceded removability and sought withholding of removal and CAT protection.
- At the IJ hearing, he claimed fear of harm from gangs in El Salvador and perception of wealth due to U.S. time.
- The IJ found the fear genuine but denied the likelihood of harm and the existence of a statutorily protected social group.
- The Board affirmed, determining the feared harm did not arise from a cognizable social group, and did not reach the likelihood issue.
- The First Circuit denied the petition for review as to the social-group argument, treating it as barred by precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garcia-Callejas’ proposed social group is cognizable under statute | Garcia-Callejas asserts a group including gang-targeted, wealth-perceived returnees is cognizable | Board and court precedent reject such groups as legally cognizable social groups | No; proposed group is not cognizable |
Key Cases Cited
- Scatambuli v. Holder, 558 F.3d 53 (1st Cir. 2009) (four-factor test guiding social group analysis)
- In re E-A-G-, 24 I. & N. Dec. 591 (BIA 2008) (Board precedential guidance on social groups)
- In re S-E-G-, 24 I. & N. Dec. 579 (BIA 2008) (Board social-group framework reaffirmed)
- In re A-M-E- & J-G-U-, 24 I. & N. Dec. 69 (BIA 2007) (Board social-group interpretations respected)
- Sicaju-Diaz v. Holder, 663 F.3d 1 (1st Cir. 2011) (rejects wealth-based social groups)
- López-Castro v. Holder, 577 F.3d 49 (1st Cir. 2009) (hostile treatment based on economic considerations rejected)
- Mendez-Barrera v. Holder, 602 F.3d 21 (1st Cir. 2010) (rejected social group: young women recruited by gangs)
- Larios v. Holder, 608 F.3d 105 (1st Cir. 2010) (rejected social group: young Guatemalan men recruited by gangs)
- Díaz Ruano v. Holder, 420 F. App'x 19 (1st Cir. 2011) (unpublished decision on social-group issues)
- Perez-Valenzuela v. Holder, 363 F. App'x 759 (1st Cir. 2010) (wealth-perception not a cognizable social group)
- INS v. Aguirre-Aguirre, 526 U.S. 415 (U.S. 1999) (principles informing deference to agency interpretations)