Samuel Cano-Huerta v. Eric Holder, Jr.
568 F. App'x 371
6th Cir.2014Background
- Cano-Huerta, Mexican citizen, born 1983, entered U.S. in 2000 and lived with brother in Tennessee, worked in construction.
- He testified he has not returned to Mexico since arriving in the United States.
- In removal proceedings, he sought withholding of removal claiming fear of persecution based on a protected ground.
- Prior to leaving Mexico, he was attacked and robbed by gang members who threatened to kill him if he told police; he did not report the attack.
- While in the U.S., his parents were attacked/robbed in Mexico by the same gang; his father was kidnapped and held for about ten hours.
- He testified the gang targeted his family due to suspected remittance money and that Mexican police are corrupt and would not investigate; no safe place in Mexico due to gang presence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether past persecution was shown | Cano-Huerta argues past persecution exists and triggers presumption. | BIA/IJ found no past persecution and no clear probability of future persecution. | Not established; substantial evidence supports no past persecution. |
| Whether there is a clear probability of future persecution if returned | Cano-Huerta contends future persecution is likely due to gang activity and wealth perception. | Criminal acts by non-government actors and wealth status do not constitute persecution on protected grounds. | No clear probability of future persecution. |
| Whether persecution on account of a protected ground or social group was shown | Family being targeted constitutes a protected social group or linkage to protected ground. | Family victimization by criminals not a protected social group; wealth-based exploitation not persecution. | Not protected; no persecution on account of a protected ground. |
Key Cases Cited
- Ali v. Ashcroft, 366 F.3d 407 (6th Cir. 2004) (persecution requires more than harassment; isolated incidents may fall short)
- Pilica v. Ashcroft, 388 F.3d 941 (6th Cir. 2004) (isolated police abuse not past persecution)
- Khozhaynova v. Holder, 641 F.3d 187 (6th Cir. 2011) (family victimization by non-government actors not persecution)
- Rodriguez v. U.S. Attorney Gen., 735 F.3d 1302 (11th Cir. 2013) (family targeted by traffickers not a social group)
- Esteban v. Holder, 478 F. App’x 301 (6th Cir. 2012) (wealth-based exploitation not persecution)
- Lopez-Castro v. Holder, 577 F.3d 49 (6th Cir. 2009) (criminal exploitation not persecution on protected ground)
- Jutus v. Holder, 723 F.3d 105 (1st Cir. 2013) (persecution requires protected-ground basis)