Lopez-Lopez v. Sessions
Opinion
We deny Rony Lopez-Lopez's petition for review because there was substantial evidence before the IJ and BIA that Lopez-Lopez had failed to meet his burden to establish a nexus between his alleged persecution and a statutorily protected ground.
In April 2013, the Department of Homeland Security served Lopez-Lopez, a native and citizen of Guatemala, with a notice to appear, charging that he was removable pursuant to
Lopez-Lopez claimed that his basis for relief was that drug traffickers had moved into his village in Guatemala in 2006, taken over his family's land, and used threats of violence to coerce him and his family members into cultivating raw materials for drugs on that land. Lopez-Lopez also testified that three of his siblings remained unharmed in Guatemala because they did what the drug traffickers asked them to do. He alleged that he had been persecuted, and that the persecution was because he belonged to a "particular social group" of "poor, uneducated landowners."
The IJ denied Lopez-Lopez's application, holding that his claimed social group was "not a protected ground under the [Immigration and Nationality Act]" and that, in any case, Lopez-Lopez had not established a nexus between his alleged persecution, or fear of future persecution, and any protected ground. The IJ also held that, even if Lopez-Lopez had established that he had been targeted on the basis of a protected ground, he had failed to show government action or inaction necessary to establish past persecution because "there was no evidence that any Guatemalan authorities on any level were notified of the situation." 1
On appeal, the BIA agreed with the IJ's conclusion that Lopez-Lopez had not "establish[ed] that any persecution he ha[d] suffered or fears was or is on account of a protected ground." The BIA held that, even assuming that Lopez-Lopez had established a "cognizable particular social group" of "poor, uneducated landowners in Guatemala," he had "not demonstrated that one central motive for the harm he suffered or fears was or would be on account of his membership in such a group." The BIA also stated that "widespread violence" in Guatemala "d[id] not provide a basis for a grant of asylum." Because the BIA's nexus holding was an independently sufficient basis for its decision to dismiss Lopez-Lopez's appeal, the BIA did not, and was not obligated to, address the other bases for the IJ's decision, contrary to Lopez-Lopez's arguments in his petition for review.
See
INS
v.
Bagamasbad
,
In his petition for review, Lopez-Lopez argues that he met his burden of establishing both nexus to a protected ground and past persecution. We reach only the nexus issue.
We review the IJ's and BIA's nexus determination "through the prism of the substantial evidence rule,"
Lopez de
Hincapie
v.
Gonzales
,
The IJ also denied Lopez-Lopez's claim for CAT protection, and the BIA affirmed. Lopez-Lopez does not challenge this denial in his petition for review.
Reference
- Full Case Name
- Rony LOPEZ-LOPEZ, Petitioner, v. Jefferson B. SESSIONS, III, Attorney General, Respondent.
- Cited By
- 4 cases
- Status
- Published