Gilmer Ugas-Morillo v. U.S. Attorney General
23-13924
11th Cir.Mar 20, 2025Background
- Gilmer Ugas-Morillo, a Venezuelan national and member of the Justice First opposition party, applied for asylum, withholding of removal, and relief under CAT for himself and his minor daughter.
- He was briefly detained by Venezuelan police in 2018 for participating in a demonstration but was not physically harmed.
- In 2020, after creating a campaign song, he received death threats via phone and text from government-associated individuals and experienced a home invasion and beating by colectivos, for which he sought limited medical care.
- Ugas-Morillo relocated within Venezuela, then to Colombia, and finally to the United States, ceasing to receive threats after arriving in the US.
- The Board of Immigration Appeals (BIA) affirmed an immigration judge’s decision denying his claims, finding insufficient proof of past persecution or well-founded fear of future persecution.
- The Eleventh Circuit reviewed the BIA and IJ decisions under a substantial evidence standard and denied the petition for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past Persecution | Ugas-Morillo experienced threats, detention, and physical harm amounting to persecution | Incidents were isolated and insufficiently severe to constitute persecution | No past persecution found |
| Well-Founded Fear of Persecution | Threats demonstrate a real risk if returned to Venezuela | No ongoing threats; evaded harm; family in Venezuela unharmed | No well-founded fear |
| Withholding of Removal Eligibility | Satisfied requirements for asylum or greater protection | Not eligible due to failure to prove underlying asylum claim | Not eligible |
| CAT Relief | Entitled due to risk of torture by government actors | No argument developed or supported in this petition | Argument abandoned |
Key Cases Cited
- Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226 (11th Cir. 2005) (defines persecution as more than isolated threats or intimidation)
- De Santamaria v. U.S. Att’y Gen., 525 F.3d 999 (11th Cir. 2008) (discusses when repeated threats and mistreatment rise to persecution)
- Djonda v. U.S. Att’y Gen., 514 F.3d 1168 (11th Cir. 2008) (detention, threats, and minor injury insufficient for persecution)
- Martinez v. U.S. Att’y Gen., 992 F.3d 1283 (11th Cir. 2021) (similar facts found not to constitute persecution)
- Diallo v. U.S. Att’y Gen., 596 F.3d 1329 (11th Cir. 2010) (contrasts cases where credible, actionable death threats rise to persecution)
- Kazemzadeh v. U.S. Att’y Gen., 577 F.3d 1341 (11th Cir. 2009) (failure to qualify for asylum is fatal to claim for withholding of removal)