Pojoy-Deleon v. Barr, 984 F.3d 11

Background

Arminda Sedema Pojoy-De León, a Guatemalan national, entered the U.S. without inspection in June 2014 with her minor son and applied for asylum, withholding of removal, and CAT protection.
Pojoy alleged past and feared future persecution based on political opinion and membership in a proposed particular social group: "Guatemalan women."
Her core factual claims centered on a history of abusive and threatening conduct by her father (physical grabbing, phone threats to kidnap her and her son, carrying a pistol), and a cousin who was raped and murdered; she also alleged police impotence and a culture of violence against women in Guatemala.
The Immigration Judge found Pojoy not credible but assumed credibility for analysis and concluded the harm was a personal family vendetta (targeted because she was his daughter), not persecution because she was a Guatemalan woman; IJ denied asylum, withholding, and CAT relief.
The BIA affirmed on alternative grounds: even assuming credibility and that the proposed group is cognizable, Pojoy failed to show membership in that group was a central reason for past or feared future harm; CAT relief likewise denied.
The First Circuit denied Pojoy’s petition for review, holding the record does not compel a contrary finding on nexus and that withholding/CAT fail given the higher burdens.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Nexus to protected ground (particular social group: "Guatemalan women")	Pojoy: father targeted her at least in part because she is a woman in Guatemala, where machismo and violence against women are pervasive.	Gov: record shows the harm was individualized and motivated by a personal/familial relationship (he was her father), not her membership in a protected group.	Held: Substantial evidence supports BIA; nexus not established—harm was a personal vendetta, not on account of being a Guatemalan woman.
Past persecution / well‑founded fear of future persecution	Pojoy: past incidents and threats from father plus country conditions create a genuine, objective fear.	Gov: incidents do not rise above harassment/unpleasantness; no evidence of individualized persecution tied to protected ground.	Held: Not shown; evidence does not compel a finding of past persecution or objectively reasonable individualized future persecution.
Withholding of removal	Pojoy: more likely than not she would be persecuted on protected ground if returned.	Gov: fails higher "more likely than not" standard given lack of nexus and past persecution.	Held: Denied—failure on asylum nexus/standard dooms withholding claim under the higher burden.
CAT protection	Pojoy: likely to be tortured given corruption, police acquiescence, and general violence.	Gov: record lacks proof government will torture or acquiesce to torture of Pojoy.	Held: Denied—Pojoy did not show it is more likely than not she would be tortured upon return.

Key Cases Cited

Bonilla v. Mukasey, 539 F.3d 72 (1st Cir. 2008) (standard for reviewing BIA and adopted IJ findings)
Singh v. Mukasey, 543 F.3d 1 (1st Cir. 2008) (nexus and higher burdens for withholding/CAT)
Paiz-Morales v. Lynch, 795 F.3d 238 (1st Cir. 2015) (past persecution creates rebuttable presumption of well‑founded fear)
Nikijuluw v. Gonzales, 427 F.3d 115 (1st Cir. 2005) (past persecution requires more than harassment or unpleasantness)
Alvizures-Gomes v. Lynch, 830 F.3d 49 (1st Cir. 2016) (statutory requirement that protected ground be at least one central reason for persecution)
Costa v. Holder, 733 F.3d 13 (1st Cir. 2013) (distinguishing personal vendetta from group‑based persecution)
Decky v. Holder, 587 F.3d 104 (1st Cir. 2009) (need for credible, direct, and specific evidence of individualized persecution)
Li Sheng Wu v. Holder, 737 F.3d 829 (1st Cir. 2013) (objective‑reasonableness standard for well‑founded fear)
Jiang v. Gonzales, 474 F.3d 25 (1st Cir. 2007) (CAT requires showing it is more likely than not the applicant will be tortured)
Santosa v. Mukasey, 528 F.3d 88 (1st Cir. 2008) (hierarchy of standards: asylum < withholding < CAT)