Gloria Ramirez Caal De-Reyes v. Attorney General United States
20-3241
| 3rd Cir. | Jul 8, 2021Background
- In 2015 Douglas Ramos Corado (the longtime partner of Ramirez’s daughter) was murdered; afterwards Ramirez and her family were harassed, threatened, extorted (weekly payments demanded), and experienced isolated violent incidents (attempted assault, attempted burglary, threats to a son to join a gang).
- Ramirez paid extortion demands, then fled Guatemala and entered the U.S. without inspection on December 23, 2015.
- She conceded removability and applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).
- The IJ denied relief: found Ramirez’s proposed particular social group (immediate family of Corado) not socially distinct; found harm did not constitute past persecution nor show a reasonable fear of future persecution on account of group membership; denied CAT relief.
- The BIA affirmed for the reasons stated by the IJ; Ramirez petitioned the Third Circuit for review.
Issues
| Issue | Ramirez's Argument | Government's Argument | Held |
|---|---|---|---|
| Cognizability / social distinctness of proposed particular social group (immediate family of Corado) | Agency skipped S.E.R.L. factors and improperly focused on a technicality; family membership is a valid PSG | PSG test is conjunctive; failure on any one factor (social distinction) is dispositive | PSG not socially distinct in Guatemala; agency did not err in denying cognizability |
| Past persecution / future fear on account of PSG membership | Harassment, extortion, threats, and violent incidents constitute persecution and were motivated by her membership in Corado’s family | Incidents were criminal, personal, or for economic gain (extortion/gang recruitment), not on account of protected characteristic | Substantial evidence supports agency finding of no past persecution and no reasonable fear tied to PSG membership |
| CAT: likelihood of torture with government consent/acquiescence | Past mistreatment and country-condition evidence show Guatemalan officials would acquiesce to torture | Evidence insufficient to show government would more likely than not consent or acquiesce; police once responded to a complaint | Denied: Ramirez failed to meet the "more likely than not" CAT standard |
| Procedural: whether IJ/BIA ignored or failed to consider evidence / misapplied law | IJ/BIA ignored record or failed to analyze first two S.E.R.L. factors | IJ considered the record; need not cite every piece of evidence; may deny on any S.E.R.L. factor | No procedural error; IJ considered evidence and lawful to decide on social-distinction ground |
Key Cases Cited
- Romero v. Att'y Gen., 972 F.3d 334 (3d Cir. 2020) (substantial-evidence review of agency factual findings)
- S.E.R.L. v. Att'y Gen., 894 F.3d 535 (3d Cir. 2018) (three-part test for particular social group; social-distinction requirement)
- Gonzalez-Posadas v. Att'y Gen., 781 F.3d 677 (3d Cir. 2015) (conflicts of a personal nature/isolated criminal acts do not equal persecution)
- Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993) (economic harm qualifies as persecution only if it threatens life or freedom)
- Chavarria v. Gonzalez, 446 F.3d 508 (3d Cir. 2006) (threats constitute persecution only in a small category when threats cause significant suffering)
- Li v. Att'y Gen., 400 F.3d 157 (3d Cir. 2005) (unfulfilled threats do not qualify as past persecution unless highly imminent)
- Guo v. Ashcroft, 386 F.3d 556 (3d Cir. 2004) (CAT "more likely than not" standard is stricter than asylum standard)
- Green v. Att'y Gen., 694 F.3d 503 (3d Cir. 2012) (IJ need not expressly mention every piece of evidence to show consideration)