Mathias Hounmenou v. Eric H. Holder, Jr.
691 F.3d 967
| 8th Cir. | 2012Background
- Mathias Hounmenou, Benin-born, Fom ethnicity, faced Vodun family pressure to practice Vodun and scar his face.
- Family demanded Marine be raised in Vodun and subjected to FGM; threats to kidnap Marine were alleged.
- Mathias and Corine fled to the United States; Marine and Corine overstayed visas; Mathias joined later with expired visa.
- Mathias applied for asylum, withholding of removal, and CAT relief on grounds Marine’s FGM risk would affect him.
- IJ denied asylum and relief; found no well-founded fear for Marine and noted lack of past/persecution evidence; voluntary departure granted to Mathias.
- BIA affirmed the IJ, treating Mathias’s fear as derivative of Marine’s risk; remanded for bond issue; voluntary departure later rescinded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Derivative vs direct persecution claim | Mathias argues Marine's FGM threat is direct persecution of him. | BIA and IJ treated it as derivative, not direct persecution of Mathias. | Court declines to decide direct vs derivative; sustains denial based on Marine’s own lack of well-founded fear. |
| Sufficiency of evidence for asylum/withholding/CAT | Evidence shows direct/persecution risk to Mathias due to daughter’s FGM threat. | Evidence supports no well-founded fear for Marine and no persecution or torture for Mathias. | Decisions affirmed; substantial evidence supports denial of relief. |
Key Cases Cited
- Kone v. Holder, 620 F.3d 760 (7th Cir. 2010) (remand discussed whether threat to daughter constitutes direct persecution)
- Kone v. Holder, 596 F.3d 141 (2d Cir. 2010) (remand for BIA to consider direct persecution concepts)
- Abay v. Ashcroft, 368 F.3d 634 (6th Cir. 2004) (recognizing direct persecution from witnessing daughter's FGM)
- Gumaneh v. Mukasey, 535 F.3d 785 (8th Cir. 2008) (derivative claim of withholding based on child's fear discussed)
- Hassan v. Gonzales, 484 F.3d 513 (8th Cir. 2007) (FGM constitutes persecution under asylum standards)
- Sow v. Mukasey, 546 F.3d 953 (8th Cir. 2008) (review standard: substantial evidence)
- Malonga v. Holder, 621 F.3d 757 (8th Cir. 2010) (substantial evidence standard applied to agency decisions)
- Chen v. Mukasey, 510 F.3d 797 (8th Cir. 2007) (agency decisions reviewed together when BIA adopts IJ)