Orellana-Carbajal v. Bondi
24-895
| 9th Cir. | Mar 5, 2025Background
- Alexandra Beatriz Orellana-Carbajal, a Honduran national, applied for asylum, withholding of removal, and Convention Against Torture (CAT) protection in the United States.
- She claimed fear of persecution and torture due to her environmental activism in Honduras.
- The Immigration Judge (IJ) denied her claims, finding insufficient evidence.
- The Board of Immigration Appeals (BIA) affirmed the IJ’s decision.
- Orellana-Carbajal petitioned the Ninth Circuit for review.
- Her minor children are derivative beneficiaries of her asylum application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past persecution on protected ground | Orellana-Carbajal faced threats as activist | No physical violence or direct threat shown | No past persecution established |
| Well-founded fear of future persecution | Faces real future risk as environmentalist | No individualized evidence she is targeted | No objectively reasonable fear found |
| Pattern or practice claim | Argued generalized risk for activists | Did not exhaust pattern/practice with IJ | Not addressed; unexhausted |
| Risk of torture under CAT | Faces risk of torture upon return | Fear is speculative, no evidence of high risk | No particularized risk found |
Key Cases Cited
- Duran-Rodriguez v. Barr, 918 F.3d 1025 (9th Cir. 2019) (discussing standards for establishing past persecution)
- Sharma v. Garland, 9 F.4th 1052 (9th Cir. 2021) (addressing well-founded fear and persecution standards)
- Hoque v. Ashcroft, 367 F.3d 1190 (9th Cir. 2004) (general versus individualized risk in asylum claims)
- Gonzalez-Lara v. Garland, 104 F.4th 1109 (9th Cir. 2024) (standards for asylum and withholding of removal)
- Garcia v. Wilkinson, 988 F.3d 1136 (9th Cir. 2021) (explaining clear probability standard for withholding)
- Park v. Garland, 72 F.4th 965 (9th Cir. 2023) (risk assessment under CAT)