Kora Mauricio-Ixtla v. Jefferson Sessions, 700 F. App'x 378

Kora Mauricio-Ixtla and her daughter Jaqueline Garcia-Mauricio, Guatemalan nationals, appealed the BIA’s dismissal of their asylum, withholding, and CAT claims after an IJ denied relief and ordered removal.
Mauricio testified to a long-term relationship with Walter Hugo Garcia beginning in 1994 that became violent in 2002; she followed him to the U.S. in 2003 and he was later removed to Guatemala in 2006 after a police report.
Mauricio returned to Guatemala, resumed living with Garcia, and alleged repeated abuse and that Garcia forced her out of the home eight times; they fled to the U.S. after the final incident.
Petitioners sought asylum based on Mauricio’s alleged membership in the particular social group “married women in Guatemala who are unable to leave their relationship.”
The IJ and BIA found petitioners removable and denied asylum, concluding petitioners failed to show Mauricio was a member of the claimed social group or that she was unable to leave the relationship for fear of abuse.
The BIA decision was the only aspect challenged on review; other potential issues were waived.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Mauricio qualifies for asylum as a member of the particular social group “married women in Guatemala who are unable to leave their relationship”	Mauricio argued she was a member of that group and feared future persecution by her abuser	Government (through IJ/BIA) argued the evidence did not show she was unable to leave or otherwise a member of a cognizable group	Denied — substantial evidence supports BIA/IJ that Mauricio was not a member and did not demonstrate inability to leave
Whether the record compels a conclusion of fear of future persecution	Mauricio argued past abuse and repeated removals support a well-founded fear	Government pointed to facts showing Mauricio voluntarily resumed the relationship and was not compelled to stay	Denied — record does not compel contrary conclusion; evidence supports IJ/BIA findings
Standard of review for asylum eligibility	N/A (procedural)	N/A	Reviewed under substantial evidence standard per 8 U.S.C. §1252(b)(4)(B)
Scope of appellate review (waiver)	Petitioners challenged only asylum basis	Government relied on limited challenge	Court held other challenges waived since only BIA’s asylum finding was contested

Bright v. Holder, 649 F.3d 397 (5th Cir. 2011) (failure to raise issues on appeal results in waiver)
Chen v. Gonzales, 470 F.3d 1131 (5th Cir. 2006) (substantial-evidence review and standard for reversing asylum factual findings)
Tamara-Gomez v. Gonzales, 447 F.3d 343 (5th Cir. 2006) (elements and discretionary nature of asylum)