Ortiz v. Garland, No. 20-4248 (6th Cir. 2021)
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Ortiz, raised in Guatemala, suffered significant domestic abuse by her intoxicated father and later by her boyfriend, Carlos, who raped her. She became pregnant and, fearing aggravating her father’s violence, moved in with Carlos. Clinic records confirm that Carlos assaulted Ortiz during her pregnancy. Ortiz later discovered bruises on her newborn. Worried that Carlos would routinely abuse her baby, Ortiz returned to her parents. Her father had become gravely ill. She continued to fear Carlos, who had threatened to kill her if she left him. Ortiz fled to the U.S. and applied for asylum, 8 U.S.C. 1158(b)(1)(A).
An IJ denied her claim, holding that she failed to show that the Guatemalan government was unable or unwilling to control her abuser. The BIA affirmed, citing a State Department report noting that Guatemala had “taken steps” to curb domestic violence. About a week after the Board's final order, the Sixth Circuit decided “Antonio.” Ortiz unsuccessfully sought reconsideration, arguing that Antonio changed the asylum law. The Sixth Circuit denied a petition for review. Antonio relied on the totality of the evidence to reject the Board’s finding; the fact-specific rationales, in that case, do not transfer to Ortiz. The police twice ignored Antonio’s request for assistance, Ortiz never asked the authorities for help
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