Nicolas Pastora v. Eric Holder, Jr.
737 F.3d 902
4th Cir.2013Background
- Pastora-Hernandez is a Salvadoran national who entered the U.S. illegally and sought NACARA relief from removal.
- Pastora admitted long-term involvement in civil patrols; he claimed leadership and armed participation during El Salvador's civil war.
- Record shows systemic human rights abuses by armed groups in Pastora’s patrolled areas during the relevant period.
- Pastora’s multiple USCIS interviews contained inconsistencies with his earlier sworn statements.
- The IJ held Pastora barred from relief under the persecutor bar and the BIA affirmed; the petition for review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the persecutor bar applies and burdens Pastora to prove non-applicability | Pastora bears no burden to negate the bar. | Pastora must show by preponderance that the bar does not apply. | Persecutor bar applies; burden on Pastora to prove not applicable. |
| Whether the adverse credibility finding supports denial of NACARA relief | Credibility issues are misapplied against Pastora. | Discrepancies support adverse credibility. | Substantial evidence supports the adverse credibility finding; denial affirmed. |
Key Cases Cited
- Mbea v. Gonzales, 482 F.3d 276 (4th Cir. 2007) (review of factual findings under substantial evidence standard)
- Camara v. Ashcroft, 378 F.3d 361 (4th Cir. 2004) (credibility determinations require specific, cogent reasons)
- Djadjou v. Holder, 662 F.3d 265 (4th Cir. 2011) (abuse of discretion in credibility review with substantial evidence standard)
- Higuit v. Gonzales, 433 F.3d 417 (4th Cir. 2006) (alien bears burden to show persecutor bar does not apply if evidence indicates it may)