Rene Israel Rivera-Perez v. U.S. Attorney General
704 F. App'x 891
| 11th Cir. | 2017Background
- Petitioner Rene Rivera-Perez, a Salvadoran national, entered the U.S. without admission in 2014 and applied for asylum, withholding, and CAT relief after conceding removability.
- He alleged MS-13 targeted him, assaulted him (including branding a cross on his arm), extorted money, and tried to recruit him to transport drugs while he moved cattle between pastures.
- Petitioner claimed membership in a particular social group: multi-generational farmers, and argued the gang targeted him because of that group membership and his horseback cattle-moving role.
- The IJ found Rivera-Perez credible but concluded he failed to show past persecution or a well-founded fear tied to a protected ground; the gang’s motive was criminal recruitment and extortion.
- The BIA affirmed, assuming arguendo that multi-generational farmers could be a particular social group, but holding the record showed the gang targeted Rivera-Perez for criminal reasons, not because of his group membership.
- Petitioner appealed to the Eleventh Circuit challenging only the nexus finding; withholding and CAT claims were abandoned for lack of argument/exhaustion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner showed nexus between persecution and membership in a particular social group (multi-generational farmers) | Rivera-Perez: MS-13 targeted him because he is a multi-generational farmer and could inconspicuously transport drugs while herding cattle | DHS/BIA: Gang targeted him to extort and recruit for criminal enterprise, not because of protected group membership | Denied — substantial evidence supports BIA that motive was criminal, not group-based |
| Whether petitioner established past persecution or well-founded fear tied to a protected ground | Rivera-Perez: Past assault, threats, and gang inquiries to his grandparents show persecution on account of group membership | DHS/BIA: Incidents reflect common criminal violence and recruitment; insufficient evidence of motive tied to protected ground | Denied — petitioner failed to show persecution because of a protected ground |
| Whether IJ/BIA credibility findings compel nexus finding | Rivera-Perez: Credibility supports his subjective belief about motive | DHS/BIA: Credibility alone does not prove persecutors’ motive; need direct or circumstantial evidence of motive | Denied — credible testimony insufficient to prove persecutors’ motives absent supporting evidence |
| Whether failure on asylum claim forecloses withholding of removal and CAT relief | Rivera-Perez: If asylum established, withholding follows; otherwise argues withholding separately | DHS/BIA: Withholding requires higher burden; asylum failure dispositive; CAT claim not exhausted | Denied/abandoned — withholding failed for same reasons as asylum; CAT claim abandoned/not exhausted |
Key Cases Cited
- Carrizo v. U.S. Att’y Gen., 652 F.3d 1326 (11th Cir. 2011) (standard for reviewing BIA decisions and when to review IJ reasoning)
- Seck v. U.S. Att’y Gen., 663 F.3d 1356 (11th Cir. 2011) (review scope when BIA adopts IJ reasoning)
- Forgue v. U.S. Att’y Gen., 401 F.3d 1282 (11th Cir. 2005) (substantial-evidence standard for factual findings)
- Ruiz v. U.S. Att’y Gen., 440 F.3d 1247 (11th Cir. 2006) (requirement to show persecution or well-founded fear on account of protected ground)
- Rodriguez Morales v. U.S. Att’y Gen., 488 F.3d 884 (11th Cir. 2007) (evidence required to establish nexus to protected ground)
- INS v. Elias-Zacarias, 502 U.S. 478 (1992) (need for direct or circumstantial evidence of persecutors’ motive)
- Rivera v. U.S. Att’y Gen., 487 F.3d 815 (11th Cir. 2007) (protected-ground motive cannot be incidental to criminal aims)