Vicente Aleman-Medrano v. Merrick Garland
20-1821
| 4th Cir. | Nov 1, 2021Background
- Vicente Aleman-Medrano and his daughter T.E.A.S., Salvadoran nationals, entered the U.S. after fleeing credible MS-13 threats. T.E.A.S. had been raped by MS-13 member Noe Alexander Vasquez Sigaran when she was 12.
- Police detained both Sigaran and T.E.A.S., and conditioned T.E.A.S.’s release on Aleman-Medrano filing a police report; he complied under coercion.
- After the report, MS-13 members loitered at his home, threatened him and his daughter, demanded he withdraw the report, and later Sigaran (after release) threatened Aleman-Medrano’s life if T.E.A.S. did not live with him. The family fled and later came to the U.S.
- An Immigration Judge found Aleman-Medrano credible but denied asylum and withholding for lack of nexus (concluding threats were retaliation for filing the report, not because of family ties); the IJ denied CAT relief and found the government had prosecuted Sigaran as to the daughter’s protection. The BIA affirmed and added an alternative inability-or-unwilling-to-protect finding.
- The Fourth Circuit granted review, held that Aleman-Medrano’s paternal relationship was at least one central reason for the threats (satisfying nexus), and remanded because the agency had not adequately resolved whether El Salvador was unable or unwilling to protect him or whether CAT relief is appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nexus: whether MS-13’s threats were “on account of” Aleman-Medrano’s family ties | Nexus satisfied: his status as T.E.A.S.’s father caused police leverage and precipitated the report and subsequent threats | Threats motivated by retaliation for filing a police report; could have targeted anyone who filed charges | Held for Aleman-Medrano: family tie was at least one central reason for threats; nexus satisfied |
| Unable-or-unwilling: whether Salvadoran government could protect him | Agency must assess whether government was unable/unwilling to control MS-13 as to Aleman-Medrano | Government points to detention/prosecution of Sigaran as evidence of protection | Remanded: agency never made a clear finding as to Aleman-Medrano (IJ addressed only daughter), so court cannot affirm on that ground |
| CAT: whether government would consent/acquiesce to torture | CAT relief relies on government consent/acquiescence; remand needed if asylum/withholding may be available | Government argued lack of unable-or-unwilling implies no consent/acquiescence | Remanded: BIA tied CAT denial to its unable-or-unwilling conclusion; must be reconsidered after agency’s further findings |
Key Cases Cited
- Cruz v. Sessions, 853 F.3d 122 (4th Cir. 2017) (family nexus can be central even when intertwined with retaliatory motives)
- Diaz de Gomez v. Wilkinson, 987 F.3d 359 (4th Cir. 2021) (explaining unable-or-unwilling standard)
- Perez Vasquez v. Garland, 4 F.4th 213 (4th Cir. 2021) (nexus requires family tie be at least one central reason)
- Hernandez-Avalos v. Lynch, 784 F.3d 944 (4th Cir. 2015) (family as a particular social group and nexus analysis)
- Crespin-Valladares v. Holder, 632 F.3d 117 (4th Cir. 2011) (nuclear family qualifies as a particular social group)
- INS v. Orlando Ventura, 537 U.S. 12 (2002) (remand appropriate when agency record is incomplete)
- Portillo Flores v. Garland, 3 F.4th 615 (4th Cir. 2021) (remand required when agency grounds are not clearly disclosed)
- Zavaleta-Policiano v. Sessions, 873 F.3d 241 (4th Cir. 2017) (credible testimony may suffice to establish persecution)