Pedro Garcia-Colindres v. Eric H. Holder, Jr.
700 F.3d 1153
| 8th Cir. | 2012Background
- Garcia-Colindres, Guatemalan national, entered the U.S. illegally with his family; fled Guatemala after PNC torture and threats in 1993; son Enio died from acid burns in a suspected PNC act; daughter Lucy was murdered in Guatemala in 2007 under unknown circumstances; CG sought asylum since 1994 with other family members; IJ denied asylum and withholding, BIA affirmed; CG petitions for review."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CG showed past persecution or well-founded fear of future persecution | Garcia-Colindres asserts past persecution by the PNC and ongoing fear | BIA found no past persecution and no well-founded fear due to changed conditions | No past persecution; no well-founded fear; asylum denied |
| Whether the fear of future persecution could be established without past persecution | Past events show risk due to government targets and family harm | Changed Guatemalan conditions negate future fear evidence | Insufficient for asylum based on fear of future persecution |
| Whether CG qualifies for withholding of removal | If fear present, could withhold removal on a higher standard | No well-founded fear, thus no withholding | Denied withholding of removal |
| Whether humanitarian asylum can be considered despite not exhausting at agency level | Claims a humanitarian grant should be available | Issue not exhausted; not properly before court | Not considered due to exhaustion rule |
Key Cases Cited
- Ngure v. Ashcroft, 367 F.3d 975 (8th Cir. 2004) (isolation and non-persecution not enshrined as persecution)
- Al Tawm v. Ashcroft, 363 F.3d 740 (8th Cir. 2004) (brief detention not necessarily persecution)
- Eusebio v. Ashcroft, 361 F.3d 1088 (8th Cir. 2004) (minor beatings/detentions not necessarily persecution)
- Feleke v. I.N.S., 118 F.3d 594 (8th Cir. 1997) (political unrest/ethnic conflict not per se persecution)
- Menjivar v. Gonzales, 416 F.3d 918 (8th Cir. 2005) (persecution framework requires identifiable attackers/motives)
- Menendez-Donis v. Ashcroft, 360 F.3d 915 (8th Cir. 2004) (attacker identity/motives critical to persecution finding)
- Pavlovich v. Gonzales, 476 F.3d 613 (8th Cir. 2007) (requires subjective fear plus objective reasonableness)
- Regalado-Garcia v. I.N.S., 305 F.3d 784 (8th Cir. 2002) (changed country conditions undermine fear of persecution)
- Lorenzo-Gonzales v. Gonzales, 419 F.3d 754 (8th Cir. 2005) (drastic country improvements may negate fear)
- Melencio-Saquil v. Ashcroft, 337 F.3d 983 (8th Cir. 2003) (country conditions updated considerations for asylum)
- Ismail v. Ashcroft, 396 F.3d 970 (8th Cir. 2005) (agency findings reviewed for substantial evidence)