Murcia Henao v. Bondi
23-6120
2d Cir.Mar 18, 2025Background
- Petitioners, natives and citizens of Colombia, sought review of a BIA decision upholding the denial of asylum and withholding of removal to Murcia Henao and his derivative family members.
- Murcia Henao claimed persecution after alleged threats by FARC due to his brother's work on a hydroelectric dam project the FARC opposed.
- The alleged threats included verbal intimidation by an unidentified man and a condolence card signed by FARC implying threats to the family.
- No physical harm came to Murcia Henao or his family, and after leaving Colombia, their relatives experienced no further FARC threats.
- Country conditions in Colombia changed significantly after a 2016 peace accord between the government and FARC, with violence and FARC's presence reportedly reduced.
- The Immigration Judge found insufficient evidence of past persecution or an objectively reasonable fear of future persecution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past Persecution | Threats from FARC rose to persecution level | Threats not imminent/concrete; no actions followed | Insufficient for past persecution under law |
| Well-Founded Fear/Future Persecution | Ongoing FARC risk and violence create fear of return | Peace accord reduced risk; family unharmed since exit | No objectively reasonable fear of future persecution |
| IJ Consideration of Evidence | IJ failed to weigh country conditions evidence | IJ properly considered all evidence and country reports | IJ considered and reasonably evaluated all evidence |
| Withholding of Removal Standard | Qualifies due to danger if returned | Did not meet asylum standard, so higher standard unmet | Failed to meet standard; withholding also denied |
Key Cases Cited
- Mei Fun Wong v. Holder, 633 F.3d 64 (2d Cir. 2011) (defines persecution as an extreme concept, not mere harassment)
- Ivanishvili v. U.S. Dep’t of Just., 433 F.3d 332 (2d Cir. 2006) (harm must rise above mere harassment for persecution)
- Ramsameachire v. Ashcroft, 357 F.3d 169 (2d Cir. 2004) (sets objective reasonableness standard for future persecution)
- Melgar de Torres v. Reno, 191 F.3d 307 (2d Cir. 1999) (absence of harm to similarly situated family undermines fear of persecution)
- Jian Xing Huang v. I.N.S., 421 F.3d 125 (2d Cir. 2005) (fear of persecution must be supported, not speculative)