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CORONADO v. GARLAND (2021)

United States Court of Appeals, Second Circuit.2021-05-18No. 18-3718

Summary

Holding. The petition for review is denied.

Rene Sandoval Coronado, a Guatemalan national, petitioned for review of decisions denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture. Coronado became an evangelical Christian in the United States and claimed he feared persecution in Guatemala because of his religious beliefs and potential interference with gang activity. The court reviewed the Immigration Judge's and Board of Immigration Appeals' decisions and found that Coronado failed to demonstrate an objectively reasonable fear of persecution. Although his daughters lived safely in Guatemala as evangelical Christians and missionaries from his church were robbed but not targeted for persecution, Coronado submitted only one article discussing the treatment of Christians in Guatemala without documenting specific instances or the frequency of persecution necessary to establish a pattern or practice.

Since Coronado could not establish a well-founded fear of future persecution on account of his religion, he necessarily failed to meet the even higher burdens required for withholding of removal and Convention Against Torture relief. The court found no error in the agency's conclusion that Coronado had not carried his burden of proof.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether applicant established a well-founded fear of persecution as an evangelical Christian in Guatemala
  • Whether applicant demonstrated an objectively reasonable fear of future persecution
  • Whether a single article discussing treatment of Christians established a pattern or practice of persecution
  • Whether failure to establish asylum eligibility necessarily precludes withholding of removal and CAT relief

Procedural posture

Petitioner sought review of a Board of Immigration Appeals decision affirming an Immigration Judge's denial of asylum, withholding of removal, and Convention Against Torture relief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

SUMMARY ORDER

Petitioner Rene Sandoval Coronado, a native and citizen of Guatemala, seeks review of a November 15, 2018, decision of the BIA affirming an October 16, 2017, decision of an Immigration Judge (“IJ”) denying Coronados application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Rene Sandoval Coronado, No. X XXX XX9 724 (B.I.A. Nov. 15, 2018), affg No. X XXX XX9 724 (Immig. Ct. N.Y. City Oct. 16, 2017). We assume the parties’ familiarity with the underlying facts and procedural history.

We have reviewed both the IJs and BIAs decisions “for the sake of completeness.” Wangchuck v. Dept of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). The applicable standards of review are well established. See Y.C. v. Holder, 741 F.3d 324, 332 (2d Cir. 2013) (reviewing factual findings for substantial evidence and questions of law and the application of law to undisputed facts de novo).

To establish asylum eligibility, an applicant must show that he has suffered past persecution, or has a well-founded fear of future persecution, “on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42). Absent a finding of past persecution, an applicant may establish asylum eligibility based on a fear of future persecution, but the applicant must show that “he subjectively fears persecution and establish that his fear is objectively reasonable.” Ramsameachire v. Ashcroft, 357 F.3d 169, 178 (2d Cir. 2004). Although a fear may be objectively reasonable “even if there is only a slight, though discernible, chance of persecution,” Diallo v. INS, 232 F.3d 279, 284 (2d Cir. 2000), a fear is not objectively reasonable if it lacks “solid support” in the record and is merely “speculative at best,” Jian Xing Huang v. U.S. INS, 421 F.3d 125, 129 (2d Cir. 2005). To demonstrate a well-founded fear, an applicant must show either a reasonable possibility that he would be singled out for persecution or that the country of removal has a pattern or practice of persecuting individuals similarly situated to him. 8 C.F.R. § 1208.13(b)(2)(iii).

Coronado became an evangelical Christian in the United States and thus had the burden to show that he had a credible fear of persecution as an evangelical Christian who could be viewed as interfering with gang activity in Guatemala, and that his fear was objectively reasonable. See Jian Xing Huang, 421 F.3d at 129; Ramsameachire, 357 F.3d at 178. The agency did not err in concluding that Coronado failed to meet his burden. His daughters—also evangelical Christians—lived unharmed in Guatemala, and missionaries from his church in the United States had been robbed, but not persecuted, and it was unknown if they were targeted because of their work. While Coronado submitted one article discussing the targeting of Christians—particularly those who were seen as challenging the gangs authority or promoting an anti-gang message—the article did not document any specific instances of persecution or their frequency as needed to establish a pattern or practice of persecution. In re A-M-, 23 I. & N. Dec. 737, 741 (B.I.A. 2005) (requiring a showing of “systemic or pervasive” persecution); see also Mufied v. Mukasey, 508 F.3d 88, 92–93 (2d Cir. 2007) (recognizing as reasonable the “systemic, pervasive, or organized” standard for finding a pattern or practice of persecution).

Because Coronado failed to establish the objectively reasonable fear of future persecution required for asylum, he “necessarily” failed to meet the higher burden for withholding of removal and CAT relief. See Lecaj v. Holder, 616 F.3d 111, 119 (2d Cir. 2010).

For the foregoing reasons, the petition for review is DENIED. All pending motions and applications are DENIED and stays VACATED.