Sandra Sabastian-Andres v. Merrick B. Garland
96f4th923
6th Cir.2024Background
- Sandra Sabastian-Andres, a Mayan Akateko woman from Guatemala, fled to the United States after being threatened and harassed by a local man, Pedro, who sought to coerce her into joining his gang and becoming his wife.
- Sabastian-Andres argued that language barriers and mistrust of police (whom she believed to be complicit with gangs) prevented her from seeking protection in Guatemala.
- She applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), asserting her indigenous Mayan identity as a basis for persecution.
- Both the Immigration Judge (IJ) and Board of Immigration Appeals (BIA) denied her claims, finding no nexus between her alleged persecution and her particular social group, and insufficient evidence of governmental acquiescence for CAT relief.
- On petition to the Sixth Circuit, Sabastian-Andres challenged these findings and the standard of review applied to her claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nexus Between Particular Social Group & Harm | She was targeted as a Mayan Akateko woman | Harm was personal in nature and not tied to group identity | No nexus; evidence supported Board’s decision |
| Severity of Persecution for Asylum | Threats and harassment constituted persecution | Threats were not severe enough to amount to persecution | Persecution threshold not met |
| Withholding of Removal Standard | More lenient nexus standard should apply | No nexus at all, so standard does not change outcome | No nexus, thus claim fails regardless of standard |
| Government Acquiescence (CAT Claim) | Police collaboration with gangs equates to acquiescence | Government does some enforcement despite deficiencies | Substantial evidence supports no acquiescence; petition denied |
Key Cases Cited
- Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (Board's decision is reviewed if it issues its own reasoning)
- Zhao v. Holder, 569 F.3d 238 (6th Cir. 2009) (substantial evidence standard defined)
- Sebastian-Sebastian v. Garland, 87 F.4th 838 (6th Cir. 2023) (discussing the nexus requirement for protected characteristics in asylum claims)
- Bonilla-Morales v. Holder, 607 F.3d 1132 (6th Cir. 2010) (requirements for particular social group claims)
- Kante v. Holder, 634 F.3d 321 (6th Cir. 2011) (particular social group must be defined by immutable characteristics)
- Marikasi v. Lynch, 840 F.3d 281 (6th Cir. 2016) (elaboration of social group immutability standard for asylum)