Zulma Zavaleta-Policiano v. Jefferson Sessions III, 873 F.3d 241

Zulma Zavaleta Policiano and her three children entered the U.S. without inspection in 2012 and conceded removability; she applied for asylum, withholding, and CAT relief based on gang persecution in El Salvador.
Her father owned a well-known wholesale business; both father and daughter operated nearby shops and were publicly identified as members of the Policiano family.
MS-13 extorted the father, increasing demands and threatening to kill his family; after the father fled to Mexico, Zavaleta immediately began receiving threatening calls, notes, and extortion attempts targeting her and her children.
The government stipulated to the credibility and veracity of Zavaleta’s affidavit, so she did not testify live; the record contains threatening notes and a police report advising caution but offering no effective protection.
The IJ denied asylum and withholding, finding no persecution on account of family membership; the BIA affirmed, concluding extortion was not motivated by a protected ground.
The Fourth Circuit granted review, reversed the BIA in part (family-nexus finding), vacated the withholding denial, and remanded for further proceedings on government-control and related issues.

Issue	Zavaleta's Argument	Government's Argument	Held
Whether Zavaleta suffered past persecution	Gang threats, extortion, and death threats to her children constitute persecution	Government conceded credibility but viewed facts as legal issue; argued extortion not tied to protected ground	Yes — past persecution established (threats/death qualify; extortion can be persecution)
Whether persecution was "on account of" family membership (nexus)	Relationship to father (well-known family, threats started after father fled) was at least one central reason MS-13 targeted her	Notes show motive was extortion and general community control, not family-based targeting	Reversed — record (timing, family notoriety, threats pattern) shows family membership was at least one central reason
Whether Salvadoran government is unable/unwilling to control MS-13	Police ineffective response to complaint supports inability/unwillingness	BIA did not address this; gov't implicitly disputed insufficiency of evidence	Remanded — BIA must consider this factual question in the first instance
Withholding/CAT relief after erroneous asylum finding	Withholding should be considered because asylum nexus established; CAT to be reconsidered if necessary	BIA denied withholding based on asylum denial; did not fully analyze CAT	Vacated/Remanded — withholding denial vacated; CAT left for BIA to reconsider on remand if needed

Hernandez-Avalos v. Lynch, 784 F.3d 944 (4th Cir. 2015) (family membership can satisfy nexus where relationship explains why respondent was targeted)
Crespin-Valladares v. Holder, 632 F.3d 117 (4th Cir. 2011) (threat of death qualifies as persecution; defines "one central reason" nexus standard)
Cruz v. Sessions, 853 F.3d 122 (4th Cir. 2017) (criticizes focus on articulated purpose in threats; emphasizes intertwined reasons and common-sense nexus analysis)
Oliva v. Lynch, 807 F.3d 53 (4th Cir. 2015) (extortion can constitute persecution)
Baharon v. Holder, 588 F.3d 228 (4th Cir. 2009) (agency must not ignore unrebutted, legally significant evidence)