April 23rd, 2024

US Court of Appeals for the Fifth Circuit Opinions
Bustamante-Leiva v. Garland

Docket: 22-60479
Opinion Date: April 19, 2024
Judge: Jennifer Walker Elrod
Areas of Law: Immigration Law

Sandra Beatriz Bustamante-Leiva and her three children, natives and citizens of Honduras, entered the United States illegally near Hildalgo, Texas. They were charged with removability under 8 U.S.C. § 1182(a)(6)(A)(i) for not possessing valid documentation at the time of entry. Bustamante-Leiva applied for asylum, withholding of removal, protection under the Convention Against Torture, and humanitarian asylum, with her children as riders to her application. The claims were based on alleged persecution due to religion, political opinion, and membership in a particular social group. Bustamante-Leiva and her children had fled Honduras due to threats from gang members, who had used an empty lot adjacent to their home for violent activities.

The immigration judge denied all requested relief and ordered that the petitioners be removed to Honduras. On appeal, the Board of Immigration Appeals (BIA) upheld the immigration judge’s findings that the petitioners did not show harm rising to the level of persecution, did not show a nexus between the harm and a protected ground, and did not establish a cognizable particular social group. The BIA also rejected due process arguments made by the petitioners and denied their request for a three-member panel as moot.

The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the BIA did not err in its determinations. The court found that the petitioners failed to show membership in a cognizable particular social group and failed to establish past persecution or a well-founded fear of persecution based on religion. The court also rejected the petitioners' claims that the BIA violated their due process rights by allowing a single BIA member to render its decision, and that the BIA violated its regulatory obligation to be impartial. The court denied the petition for review.

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