Julio Matul-Hernandez v. Eric H. Holder, Jr.
685 F.3d 707
| 8th Cir. | 2012Background
- Matul-Hernandez is a Guatemalan-born individual who fled to the U.S. after military service in Guatemala and later settled in Nebraska, where he runs a grocery store.
- He was briefly threatened in Guatemala by three armed men but was not physically harmed.
- He contends a social group of Guatemalans returning from the U.S. perceived as wealthy faces persecution or fear of persecution.
- The BIA/ IJ concluded he did not establish past persecution or a cognizable particular social group, and denied asylum and withholding, though voluntary departure was granted.
- The BIA and IJ found no evidence that Guatemala’s government was unable or unwilling to protect him, and that the purported group would be perceived as a socially distinct, persecuted class.
- Matul-Hernandez appealed the decision to the BIA, arguing for asylum and related relief under federal statutes and the Convention Against Torture; the BIA denied the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Guatemalans returning from the U.S. perceived as wealthy are a particular social group | Matul-Hernandez argues this group exists and places him at risk | BIA found the group not sufficiently particular or socially visible | Not a particular social group; denied asylum on this basis |
| Whether Matul-Hernandez established past persecution | Threats and past harm in Guatemala show persecution | Record shows no persecution; threats alone insufficient | Substantial evidence supports no past persecution |
| Whether the social-group theory supports a future well-founded fear | Past threats imply future persecution if returned | No well-founded fear given lack of proof of a cognizable group or pattern | No well-founded fear based on the asserted group |
| Whether the claim for relief under the Convention Against Torture was properly raised/waived | Relief under CAT was included in pre-hearing materials | Issue not raised before the BIA; deemed waived | CAT relief not considered due to waiver |
Key Cases Cited
- Davila-Mejia v. Mukasey, 531 F.3d 624 (8th Cir. 2008) (review of BIA findings; deference to BIA interpretations)
- Al Yatim v. Mukasey, 531 F.3d 584 (8th Cir. 2008) (asylum burden; past persecution and well-founded fear standards)
- Mouawad v. Gonzales, 485 F.3d 405 (8th Cir. 2007) (substantial evidence standard for withholding of removal)
- Gaitan v. Holder, 671 F.3d 678 (8th Cir. 2012) (BIA's statutory interpretation subject to deference if reasonable)
- Ngengwe v. Mukasey, 543 F.3d 1029 (8th Cir. 2008) (definition of 'particular social group' and Chevron deference)
- Sicaju-Diaz v. Holder, 663 F.3d 1 (1st Cir. 2011) (context rejecting 'affluent Guatemalans' as a social group)
- Beck v. Mukasey, 527 F.3d 737 (8th Cir. 2008) (persecution must be more than generalized crime; government control)