Garcia v. Attorney General of United States
2011 U.S. App. LEXIS 23679
| 3rd Cir. | 2011Background
- Claudia Moreno Garcia (Claudia) and Silvia Moreno Garcia (Silvia) seek asylum, withholding of removal, and CAT protection after entering the U.S. and Guatemala procedures.
- Both sisters allege persecution by Valle del Sol, a Guatemalan gang, linked to their family ties and Hilda Sosa del Cid.
- Silvia’s case centers on harm related to assisting law enforcement against the gang and subsequent protection efforts by Guatemala and international bodies.
- The IJ denied Silvia asylum and withholding, citing lack of protected-ground nexus and expecting protection by Guatemala; CAT claim denied.
- The BIA affirmed the IJ, adopting some findings but not others and noting alternative grounds for denial; Silvia appeals.
- Claudia’s asylum and CAT claims were denied; withholding of removal analyzed with past persecution, future risk, and corroboration considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Silvia asylum eligibility on protected ground | Silvia argues she faces future persecution tied to protected ground (social group). | BIA/Agency argues no nexus to protected ground and insufficient fear. | Remand for full BIA analysis on nexus and social-group elements. |
| Claudia withholding of removal viability | Claudia contends she faces future persecution more likely than not. | Claudia failed to show past persecution or clear probability of future persecution, with corroboration gaps. | Denied; standard not met. |
| BIA's analysis and remand scope for Silvia | BIA adopted IJ findings without complete independent analysis on key elements. | Agency relied on substantial evidence and statutory framework. | Remand to the BIA to address remaining elements (persecution level, nexus, firm resettlement). |
Key Cases Cited
- Sukwanputra v. Gonzales, 434 F.3d 627 (3d Cir. 2006) (persecution nexus and government or unable-to-control standard)
- Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993) (particular social group defined by immutable characteristics)
- Matter of Acosta, 19 I. & N. Dec. 211 (BIA 1985) (definition of 'particular social group' as immutable shared characteristic)
- Abdulrahman v. Ashcroft, 330 F.3d 587 (3d Cir. 2003) (extraordinarily deferential standard for factual findings)
- Chenery Corp. v. SEC, 332 U.S. 194 (U.S. 1947) (agency review requires independent grounds invoked by the agency)
- INS v. Stevic, 467 U.S. 407 (U.S. 1984) (clear probability standard for removal with persecution standards)
- Li v. Attorney General, 400 F.3d 157 (3d Cir. 2005) (reviewing BIA findings when not adopting IJ credibility determinations)
- Yusupov v. Attorney General, 518 F.3d 185 (3d Cir. 2008) (de novo review for constitutional questions or questions of law)
- Orlando Ventura, 537 U.S. 12 (U.S. 2002) (remand principles in immigration review context)