Henriquez-Rivas v. Holder

707 F.3d 1081 (9th Cir. 2013)

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Nature of the Case

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Facts

P is a native and citizen of El Salvador. When she was twelve years old, her father was murdered by four members of the M-18 street gang. Two of the men were known as 'Chimbera' and 'Popo.' P saw the men enter her house and assault her father. They told her father to ask for forgiveness, which he did. Thinking the men were going to attack her, P fled. As she was running away from the house, P heard four gun shots. She did not see who fired the gun, but her sister Mirabel told her that Chimbera shot her father. P's father was dead. P identified two of the suspects in a lineup behind protective glass. She also testified against them in court. Both Chimbera and Popo were present in court while P testified, and both were convicted. Chimbera was sentenced to 7 years in prison because he was a minor and Popo was sentenced to 25 to 30 years in prison. P lived with her half-sister, Olga. P got word that men were looking for her. She was warned not to return to her home where her father was killed. Family members saw Chimbera on a number of occasions who had been released from prison. In 2005, a man came to P's school and asked if anyone knew 'Rocio Henriquez.' She thought it was strange that the man would ask for her, so she denied knowing Rocio Henriquez. P decided to leave El Salvador. After P left for the United States, she learned that Chimbera had come to her town asking for her. P entered the United States, without inspection, on January 16, 2006. D initiated removal proceedings against her on the grounds that she was 'an alien present in the United States without being admitted or paroled.' She conceded removability and filed an application for asylum, withholding of removal, and protection under the Convention Against Torture. The IJ held that P established she was a member of the particular social group of 'people testifying against or otherwise opposing gang members.' The IJ concluded that P had established a well-founded fear of future persecution, as there was 'a reasonable possibility of suffering such persecution if she were to return to El Salvador.' The IJ concluded that P had established a well-founded fear of future persecution, as there was 'a reasonable possibility of suffering such persecution [if] she were to return to El Salvador.' The IJ granted asylum. The BIA reversed concluding that the proposed group lacked the requisite 'social visibility' to qualify as a particular social group. P petitioned for review. A three-judge panel of our court initially denied P's petition for review. P was granted rehearing en banc.