Three Guatemalan nationals, a married couple and their minor daughter, entered the United States in 2021 and were charged with removability. They applied for asylum, withholding of removal, and protection under the Convention Against Torture, alleging they were targeted by extortionists and gang members. The Immigration Judge initially found them credible but denied their claims, ruling that the harm they suffered was not on account of a protected ground, that their proposed social groups were not legally cognizable, and that they could safely relocate within Guatemala. The Board of Immigration Appeals affirmed the IJ's decision without a written opinion, making the IJ's decision the final agency determination. The petitioners then sought review in the First Circuit, arguing that the agency erred in its legal conclusions regarding their social groups and nexus.
The court applied the substantial evidence standard to the IJ's factual findings and de novo review to legal conclusions. First, the court addressed the asylum claims, focusing on whether the petitioners could establish a nexus to a protected ground. The court rejected the proposed particular social group of 'Guatemalan small business owners,' citing precedent that groups defined by economic status or business ownership are overly broad and lack the required immutability. The court noted that the petitioners' argument that business ownership was fundamental to their identity was not supported by the record, as the petitioner had training and work history as a teacher. Second, the court addressed the 'nuclear family' social group. The court held that the mere fact that family members were harmed does not establish that the family connection was the central reason for the harm. The record showed the family was targeted because they operated a successful business, not because of their kinship. Third, the court addressed the political opinion claim, finding insufficient evidence that the petitioners expressed anti-gang views publicly or that the persecutors knew of such views. Regarding past persecution, the court found the evidence of two to three vague threats and one physical attack insufficient to meet the high threshold of seriousness required. Finally, the court upheld the IJ's determination that the petitioners could reasonably relocate within Guatemala, noting they lived there peacefully for over a year after closing their business. Because the asylum claims failed, the higher standard for withholding of removal also failed. Similarly, the CAT claims were denied because the record did not compel a conclusion that the petitioners would face government-sanctioned torture upon return.
The petition for review is denied, meaning the BIA's affirmation of the IJ's denial of asylum, withholding of removal, and CAT protection stands. The petitioners remain subject to removal. The decision reinforces the First Circuit's strict stance on defining particular social groups, particularly regarding business ownership, and clarifies that family-based claims require evidence that kinship was the central motivation for the harm, not just a coincidental factor.
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