Perlera-Sola v. Holder
699 F.3d 572
1st Cir.2012Background
- Perlera-Sola is a Salvadoran native who entered the United States without inspection on December 19, 2007 at age 17.
- His family owned a pig farm in El Salvador from 1998 to 2007; his father was shot in July 2006, sustaining injuries.
- Following the shooting, Perlera witnessed threatening activity and received calls targeting his family, prompting the family to flee El Salvador in December 2007.
- After entry, DHS issued a Notice to Appear and placed him in removal proceedings; he conceded removability and applied for asylum, withholding of removal, and CAT protection.
- An IJ denied relief on October 30, 2009, the BIA affirmed on September 7, 2011, and Perlera timely sought review in this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Perlera established past persecution or well-founded fear based on family membership | Perlera argues family wealth and threats show persecution | Government contends no evidence that family was targeted for protected ground | Denied asylum; no nexus shown to a protected ground based on family membership |
| Whether persecution must be attributable to government action or inaction | Perlera asserts government failure to protect family | Record lacks evidence of government involvement or acquiescence | Perlera未 proving government linkage to persecution; fails standard for asylum |
| Whether testimony alone can sustain fear of future persecution without specific threats identified | Credible testimony should be sufficient if credible and specific | Testimony not specific; attackers not identified or motives shown | Testimony not sufficiently credible and specific; does not establish well-founded fear |
| Whether Perlera is eligible for withholding of removal or CAT protection given the asylum denial | Past persecution would support withholding/CAT | Higher standard for withholding; no future persecution shown; CAT not met | Neither statutory withholding nor CAT relief available. |
Key Cases Cited
- Matovu v. Holder, 577 F.3d 383 (1st Cir. 2009) (standard of review for BIA findings when it adopts IJ ruling)
- Lobo v. Holder, 684 F.3d 11 (1st Cir. 2012) (deference to BIA/ IJ findings; substantial evidence applicable)
- Nikijuluw v. Gonzales, 427 F.3d 115 (1st Cir. 2005) (credibility and specific evidence required for fear of persecution)
- I.N.S. v. Elias-Zacarias, 502 U.S. 478 (1992) (establishes that evidence must connect persecution to protected grounds)
- Guerrero v. Holder, 667 F.3d 74 (1st Cir. 2012) (past persecution creates rebuttable presumption of future fear; need linkage to ground)
- Gebremichael v. I.N.S., 10 F.3d 28 (1st Cir. 1993) (kinship-based persecution analysis; government action relevance)
- Ayala v. Holder, 683 F.3d 15 (1st Cir. 2012) (family-membership must be tied to protected ground; not automatic by wealth or kinship alone)
- Hincapie v. Gonzales, 494 F.3d 213 (1st Cir. 2007) (credibility must be credible and specific evidence of fear)
- Carcamo-Recinos v. Ashcroft, 389 F.3d 253 (1st Cir. 2004) (credible, specific evidence required for fear of future persecution)