Mayorga-Vidal v. Holder
2012 U.S. App. LEXIS 5560
| 1st Cir. | 2012Background
- Mayorga-Vidal, a Salvadoran citizen, entered the U.S. illegally in 2002 and faced removal proceedings.
- He sought asylum, with withholding of removal, and CAT protection based on future persecution for disputed grounds.
- He claimed a social group of young Salvadoran men who resist gang recruitment and a political opinion opposing gangs.
- Evidence showed widespread Salvadoran gang violence and imperfect government response.
- IJ denied relief; BIA affirmed; matter remanded to address political opinion claim, then affirmed denial again.
- Petition for judicial review followed, and the First Circuit denied relief after reviewing the final orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the social group claim is cognizable | Mayorga-Vidal’s group is immutable and socially visible | Group too broad/ amorphous to be cognizable | Denied social group relief; group not sufficiently particular or immutable. |
| Whether there is a well-founded fear based on political opinion | Refusal to join gangs expresses anti-gang political opinion | Evidence shows recruitment was strategic, not political | Denied asylum and withholding on political opinion grounds. |
| Whether CAT relief was properly denied | Government acquiescence to torture is not required; past encounters show risk | Evidence does not show government acquiescence or likelihood of torture | Denied CAT relief; no likelihood of torture upon return. |
Key Cases Cited
- Mendez-Barrera v. Holder, 602 F.3d 21 (1st Cir. 2010) (framework for past persecution and well-founded fear analysis)
- In re S-E-G-, 24 I. & N. Dec. 579 (BIA 2008), 24 I. & N. Dec. 579 (BIA 2008) (rejected social group of youths resisting gang recruitment; immutability and specificity concerns)
- In re E-A-G-, 24 I. & N. Dec. 591 (BIA 2008), 24 I. & N. Dec. 591 (BIA 2008) (rejected social group based on resistance to gang membership; evidence insufficient for cognizable group)
- INS v. Elias-Zacarias, 502 U.S. 478 (1992) (mere refusal to join a guerrilla group is not necessarily political opinion)
- Vasquez v. I.N.S., 177 F.3d 62 (1st Cir. 1999) (imputed political opinion must be established to support political persecution claim)