Cabrera v. Garland, No. 23-1266 (1st Cir. 2024)
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A family from Guatemala sought asylum in the United States after receiving death threats from a local gang. The family, led by Ana Luisa Donis-Hernandez de Cabrera, had fled their home country after an extortion attempt by the Mara 18 gang. Cabrera had opened a second-hand clothing store, which she ran from her home. After receiving a death threat demanding payment, the family decided to leave Guatemala and seek asylum in the U.S.
The Immigration Judge (IJ) denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), finding them lacking in certain crucial respects. The Board of Immigration Appeals (BIA) affirmed this decision. Cabrera and her family then filed a petition for review with the United States Court of Appeals for the First Circuit.
The Court of Appeals found no reversible error in the decisions of the lower courts. The court noted that to be granted asylum, the applicant must demonstrate that they were persecuted in the past or have a well-founded fear of future persecution in their home country on account of at least one of five statutorily protected characteristics. The court found that Cabrera's proposed particular social group (PSG) of "small business owners" did not meet the requirements for a legally cognizable PSG. The court also found that Cabrera's evidence was insufficient to establish her burden of proof for CAT protection. Therefore, the court denied the petition for review.
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