The Court also struck down the petitioner’s claim that he was targeted based upon his political opinions, and his “anti-gang” request for relief under the Convention Against Torture. Arteaga v. Mukasey, 511 F.3d 940 (9th Cir. 2007) The Court denied the petition for review of a Lawful Permanent Resident from El Salvador seeking relief under the Convention Against Torture, due to his membership in a social group of Salvadorian U.S. gang members of a “American Chicano American street gang.” Application to the INA’s definition of “refugee” Persecution Harassment does not rise to the level of persecution In its 2013 decision in Martinez-Beltrand v. Attorney General, 536 F. App’x 243, 245 (3d Cir. 2013), the U.S. Court of Appeals for the Third Circuit upheld the denial of asylum to a respondent who claimed to have been persecuted by gang members in Honduras on the grounds that the respondent had suffered that not rise to the level of “harassment” “did persecution.” The respondent alleged that she had been persecuted in the past by gang members coming to the funeral home her family operated, and asking her to give them money and join the gang. Thereafter, gang members allegedly called the funeral home periodically, asking for money. However, the Third Circuit likened these harms to assaults that do not “minor require medical care” or threats,” both of which are “unfulfilled generally seen as insufficient to show persecution. Ordinary criminal activity rather than persecution The U.S. of Appeals for the Tenth Circuit relied upon similar logic in its 2013 decision in Cosenza-Cruz v. Holder, 533 F. App’x 847, 848 (10th Cir. 2013), where the extortion attempts and threats experienced by two brothers in Guatemala were seen as ordinary criminal activity, not persecution. Irony The greater the problem of gang violence in a country, the less – likely it is to be considered individualized persecution rather than just generalized violence. Protected grounds and particular social group Particular social group Visibility / Social Distinction Social group has been found to have been visible (or distinct) when it involves publicly testifying against gang members (see but not when the Henriquez-Rivas) social group is composed of confidential informants against gang members (these persons are not visible to society)
The Court also struck down the petitioner’s claim that he was targeted based upon his “anti-gang” political opinions, and his request for relief under the Convention Against Torture. Arteaga v. Mukasey, 511 F.3d 940 (9th Cir. 2007) The Court denied the petition for review of a Lawful Permanent Resident from El Salvador seeking relief under the Convention Against Torture, due to his membership in a social group of “American Salvadorian U.S. gang members of a Chicano American street gang.” Application to the INA’s definition of “refugee” Persecution Harassment does not rise to the level of persecution In its 2013 decision in Martinez-Beltrand v. Attorney General, 536 F. App’x 243, 245 (3d Cir. 2013), the U.S. Court of Appeals for the Third Circuit upheld the denial of asylum to a respondent who claimed to have been persecuted by gang members in Honduras on the grounds that the respondent had suffered “harassment” that “did not rise to the level of persecution.” The respondent alleged that she had been persecuted in the past by gang members coming to the funeral home her family operated, and asking her to give them money and join the gang. Thereafter, gang members allegedly called the funeral home periodically, asking for money. However, the Third Circuit likened these harms to “minor assaults that do not require medical care” or “unfulfilled threats,” both of which are generally seen as insufficient to show persecution. Ordinary criminal activity rather than persecution The U.S. of Appeals for the Tenth Circuit relied upon similar logic in its 2013 decision in Cosenza-Cruz v. Holder, 533 F. App’x 847, 848 (10th Cir. 2013), where the extortion attempts and threats experienced by two brothers in Guatemala were seen as ordinary criminal activity, not persecution. Irony – The greater the problem of gang violence in a country, the less likely it is to be considered individualized persecution rather than just generalized violence. Protected grounds and particular social group Particular social group Visibility / Social Distinction Social group has been found to have been visible (or distinct) when it involves publicly testifying against gang members (see Henriquez-Rivas) but not when the social group is composed of confidential informants against gang members (these persons are not visible to society)
Asylum-Chat-Notes.1.30.15.docx