Joster Amaya-Izcoa v. Merrick Garland
17-70116
| 9th Cir. | Apr 15, 2022Background
- Petitioner Joster Javier Amaya-Izcoa, a Honduran citizen, appealed the BIA’s dismissal of an IJ’s denial of asylum, withholding of removal, and CAT protection.
- The IJ denied relief; the BIA dismissed Amaya-Izcoa’s appeal. He petitioned for review in the Ninth Circuit.
- Amaya-Izcoa challenged the one-year asylum filing deadline as a due process violation and sought withholding based on membership in a particular social group and CAT protection for torture risk.
- The government/BIA argued the one-year rule is legitimate, the claimed social group was not cognizable, and he failed to show torture by or with government consent or acquiescence.
- The Ninth Circuit applied de novo review to due process and social-group legal questions and substantial-evidence review to factual findings, and denied the petition for review; temporary stay of removal remained until mandate issuance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of one-year asylum filing deadline / due process | One-year bar violates due process | One-year bar serves legitimate government purpose; no due process error | Denied — no due process violation; asylum claim fails |
| Cognizability of claimed particular social group (withholding) | Member of a particular social group deserving protection | Group lacks immutable characteristic, particularity, or social distinction | Denied — group not cognizable; withholding fails |
| CAT relief (likelihood of torture) | More likely than not to be tortured if returned to Honduras | Record lacks proof of torture by or with government consent/acquiescence | Denied — substantial evidence supports no likelihood of torture |
| Constitutional challenge / request to overturn precedent | U.S. immigration laws violate due process; ask to overturn precedent | Sovereign power to admit/exclude aliens; panel cannot overrule circuit precedent | Denied — challenge fails; panel bound by existing precedent |
Key Cases Cited
- Simeonov v. Ashcroft, 371 F.3d 532 (9th Cir. 2004) (de novo review of due process claims in immigration proceedings)
- Conde Quevedo v. Barr, 947 F.3d 1238 (9th Cir. 2020) (de novo review of social-group legal questions; substantial-evidence review of factual findings)
- Lata v. INS, 204 F.3d 1241 (9th Cir. 2000) (error required to prevail on due process claim challenging asylum deadline)
- Gonzalez-Medina v. Holder, 641 F.3d 333 (9th Cir. 2011) (one-year asylum bar serves legitimate government purpose)
- Reyes v. Lynch, 842 F.3d 1125 (9th Cir. 2016) (elements for particular social group: immutability, particularity, social distinction)
- Wakkary v. Holder, 558 F.3d 1049 (9th Cir. 2009) (standards for assessing likelihood of torture under CAT)
- Landon v. Plasencia, 459 U.S. 21 (1982) (admission and exclusion of aliens is sovereign prerogative)
- Aleman Gonzalez v. Barr, 955 F.3d 762 (9th Cir. 2020) (panel cannot overrule circuit precedent absent intervening Supreme Court or en banc decision)