Hernandez, Et Al. v. Blanche – Do It For The Caselaw

Holding: The Ninth Circuit denied the petition for review, holding that substantial evidence supported the agency's finding that the petitioners failed to establish a nexus between the harm suffered and a protected ground.
Standard: Substantial evidence review
Vote: The panel unanimously denied the petition without oral argument.
Practical effect: The decision reinforces the Ninth Circuit's precedent that harm inflicted by gangs for recruitment or financial reasons does not qualify for asylum or withholding of removal, even when family members are targeted.

The Ninth Circuit denied a petition for review regarding asylum and withholding of removal claims filed by a Honduran mother and her children. The court found substantial evidence supported the agency's conclusion that the family failed to establish a nexus between the harm they suffered and a protected ground.

Background

Petitioners Yolanda Hernandez and her two children, natives of Honduras, sought asylum, withholding of removal, and protection under the Convention Against Torture. They alleged mistreatment by gang members, including extortion and threats against Hernandez and her daughter. The Immigration Judge denied their applications, and the Board of Immigration Appeals dismissed their appeal. The petitioners filed a petition for review in the Ninth Circuit.

The court’s reasoning

The court reviewed the agency’s factual findings for substantial evidence. It concluded that the agency reasonably determined the mistreatment was generalized criminal activity motivated by gang recruitment or financial gain, not by the family’s membership. The court cited Zetino v. Holder and Rodriguez-Zuniga v. Garland to support the finding that extortion and threats by criminals do not establish a nexus to a protected ground. Because the nexus requirement was not met, the court did not address other issues.

What it means going forward

The decision reinforces the Ninth Circuit’s precedent that harm inflicted by gangs for recruitment or financial reasons does not qualify for asylum or withholding of removal, even when family members are targeted.