Maydai Hernandez-Avalos v. Loretta Lynch
2015 U.S. App. LEXIS 7159
| 4th Cir. | 2015Background
- Maydai Hernandez-Avalos, a Salvadoran national, entered the U.S. without inspection in 2008 with her minor son and conceded removability, applying for asylum and withholding of removal.
- Hernandez credibly testified to three death threats from Mara 18 gang members: one after identifying a relative's body and two demanding she turn her 12-year-old son over for recruitment.
- She fled to the U.S. the day after the final threat; she did not report threats to Salvadoran police, stating police were ineffective and gang-influenced and that reporting would provoke retaliation.
- The IJ found Hernandez generally credible but denied asylum, concluding she lacked a protected-ground nexus and had not shown the Salvadoran government was unwilling or unable to protect her.
- The BIA affirmed the IJ; the Fourth Circuit granted review, found errors in the BIA/IJ fact-finding and legal conclusions, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hernandez has a well-founded fear of future persecution | Hernandez: past death threats establish a well-founded fear | Gov: IJ/BIA initially found insufficient fear (conceded error on appeal) | Court: Fear established; threat of death qualifies as persecution |
| Whether persecution was "on account of" a protected ground (membership in a nuclear family) | Hernandez: threats targeted her because she is her son's mother and exercised maternal authority | Gov: threats aimed at recruiting the son; family ties incidental to recruitment | Court: maternal relationship was at least one central reason; nexus requirement satisfied |
| Whether Salvadoran government is unwilling or unable to control Mara 18 | Hernandez: credible testimony + State Dept. country report show police ineffectiveness, corruption, and gang influence; reporting not viable | Gov: IJ/BIA relied on (misstated) evidence that a gang member was imprisoned and on perceived law-enforcement efforts | Court: IJ/BIA misstated record, ignored Hernandez's credible testimony and the State Dept. report, and relied on unsupported personal knowledge; government inability/unwillingness established |
Key Cases Cited
- I.N.S. v. Cardoza-Fonseca, 480 U.S. 421 (1987) (standard for asylum and well-founded fear)
- Crespin-Valladares v. Holder, 632 F.3d 117 (4th Cir. 2011) (threat of death is persecution; family as particular social group guidance)
- Cordova v. Holder, 759 F.3d 332 (4th Cir. 2014) (agency must consider evidence that family ties may be a central reason for gang threats)
- Naizgi v. Gonzales, 455 F.3d 484 (4th Cir. 2006) (past persecution creates presumption of well-founded fear)
- Tassi v. Holder, 660 F.3d 710 (4th Cir. 2011) (agency may not disregard significant evidence or rely on unsupported personal knowledge)