Garcia Martinez v. Bondi
23-6380
2d Cir.May 6, 2025Background
- Cecilia Yamileth Garcia Martinez, a native and citizen of El Salvador, applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) based on threats and violence from gangs in El Salvador.
- Martinez claimed persecution as a young woman who refused gang recruitment, and because of her membership in her brother's family, noting that her two cousins were killed (though reasons were unknown).
- The Immigration Judge (IJ) denied relief, finding Martinez's proposed social groups were not cognizable and insufficient nexus to a protected ground; the Board of Immigration Appeals (BIA) affirmed.
- The Second Circuit reviewed the BIA's decision as modified, applying substantial evidence review to factual findings and de novo review to legal questions.
- The court highlighted that Martinez did not sufficiently argue her CAT claim on appeal, essentially waiving review, but addressed its merits briefly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cognizability of "young women who refuse gangs" | Group is a particular social group deserving protection | Group is not socially distinct in Salvadoran society | Not cognizable; lack of social distinction |
| Nexus - Family-based persecution | Targeted because of family, specifically brother | Harm is gang recruitment, not family animus | No sufficient nexus between harm and protected ground |
| Eligibility for CAT protection | Faces likelihood of torture due to general violence | Martinez did not argue likelihood of torture | Waived on appeal; claim would fail for lack of specific risk |
Key Cases Cited
- Xue Hong Yang v. U.S. Dep't of Just., 426 F.3d 520 (2d Cir. 2005) (Appellate review of BIA decisions focuses on grounds relied upon by the BIA)
- Yanqin Weng v. Holder, 562 F.3d 510 (2d Cir. 2009) (Clarifies standards of review for factual and legal findings in immigration cases)
- Paloka v. Holder, 762 F.3d 191 (2d Cir. 2014) (Sets criteria for recognizing particular social groups and analyzing nexus requirements)
- Hernandez-Chacon v. Barr, 948 F.3d 94 (2d Cir. 2020) (Analyzes social distinction for particular social group claims in gang violence context)
- Ucelo-Gomez v. Mukasey, 509 F.3d 70 (2d Cir. 2007) (Distinguishes criminal motives from persecution based on membership in a particular social group)