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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 18-12120
________________________
Agency No. A206-737-421, A206-737-422, & A206-737-423
MIRZA DINORA RIVERA-GERONIMO,
ANYELO JOSIAS RIVERA-GERONIMO,
SANTIAGO MAURICIO GONZALEZ-RIVERA,
Petitioners,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
________________________
(August 28, 2019)
Before MARTIN, ROSENBAUM, Circuit Judges, and MARTINEZ, * District
Judge.
*
Honorable Jose E. Martinez, United States District Judge for the Southern District of
Florida, sitting by designation.
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MARTIN, Circuit Judge:
Mirza Dinora Rivera-Geronimo 1 petitions for review of the Board of
Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”)
denial of her application for asylum and humanitarian asylum. After careful
consideration and with the benefit of oral argument, we deny the petition.
I.
Ms. Rivera-Geronimo is a native and citizen of Guatemala. She entered the
United States through Hidalgo, Texas, on May 11, 2014, without being admitted or
paroled by an immigration officer. On May 12, 2014, the Department of
Homeland Security (“DHS”) issued her a notice to appear, which charged her with
being removable under the Immigration and Nationality Act (“INA”), 8 U.S.C. §
1182(a)(6)(A)(i), for having unlawfully entered the United States.
Ms. Rivera-Geronimo filed an application for asylum. 2 In it, she said she
was “a victim of domestic abuse by [her] domestic partner, Romulo David
1
Ms. Rivera-Geronimo’s two children, Anyelo Josias Rivera-Geronimo and Santiago
Mauricio Gonzalez-Rivera, were included in her application as derivative beneficiaries. She
petitions for review of the BIA’s resolution of the claims concerning them. See 8 U.S.C.
§ 1158(b)(3)(A). Although our opinion refers to Ms. Rivera-Geronimo, our holding applies
equally to her children.
2
In her application, Ms. Rivera-Geronimo also requested withholding of removal and
Convention Against Torture protection. Ms. Rivera-Geronimo does not challenge the denial of
her application on these grounds. As a result, she has abandoned those issues on appeal.
Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1228 n.2 (11th Cir. 2005) (per curiam).
2
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Gonzalez de la Cruz.” Ms. Rivera-Geronimo said when she was 15 years old, she
met Mr. Gonzalez de la Cruz, who was 20 years her senior. After knowing each
other for a month, Mr. Gonzalez de la Cruz “took [Ms. Rivera-Geronimo] out of
[her] home.” Ms. Rivera-Geronimo’s father “did nothing to prevent it.” She and
Mr. Gonzalez de la Cruz never married.
Mr. Gonzalez de la Cruz became abusive toward Ms. Rivera-Geronimo.
“He would lock [her] in the house and would not let [her] out”; “insult [her]”;
“beat [her] up”; and “force [her] to have sex[] [with him] when [she] did not want
to.” On one occasion after drinking and taking drugs, Mr. Gonzalez de la Cruz
screamed at Ms. Rivera-Geronimo and beat her with a chain, “almost
demolish[ing]” her. On another occasion when Mr. Gonzalez de la Cruz became
violent, Ms. Rivera-Geronimo called the police “looking for help but nobody
arrived.” She “tried to file a denunciation but [the police] laughed at [her] and . . .
simply told [her] that [domestic abuse] was not a crime for them.” In her
application, Ms. Rivera-Geronimo explained the Guatemalan police “would not
protect” her against Mr. Gonzalez de la Cruz because the police do not view
“domestic violence . . . [as] a crime.” Instead, “in Guatemala, violence against
women by a spouse or partner is considered a private matter between a couple.”
At a hearing before the IJ, Ms. Rivera-Geronimo testified she lived with Mr.
Gonzalez de la Cruz for six years, beginning when she was 15 years old. She said
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he forbade her from working, and he regularly beat and threatened her with knives.
She also testified she reported Mr. Gonzalez de la Cruz to the police but they “did
not pay any attention to [her].” She informed the IJ she did not leave Mr.
Gonzalez de la Cruz sooner because he threatened that if she left, he would look
for her, kill her, and take their children.
The IJ asked Ms. Rivera-Geronimo to define her “particular social group.”
Ms. Rivera-Geronimo’s counsel responded her particular social group was
“women [in] domestic relationships.” Counsel explained “the patterns of
discrimination and violence against women are . . . deeply rooted in [Guatemalan]
society” and “because violence against women is so pervasive, and [is] culturally
rooted in society, [Ms. Rivera-Geronimo] . . . argue[s] that women in domestic
relationships are . . . no different than married women for purposes of particular
social group.”
The IJ then issued an oral decision denying Ms. Rivera-Geronimo’s asylum
claim. The IJ first discussed Matter of A-R-C-G-, 26 I. & N. Dec. 388 (BIA 2014),
in which the BIA found that “married women in Guatemala who are unable to
leave their relationship” constituted a cognizable particular social group under the
INA. See id. at 392–93. The IJ highlighted that Matter of A-R-C-G- required a
“marital relationship,” and Ms. Rivera-Geronimo’s particular social group
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consisted of unmarried women. As a result, the IJ concluded Ms. Rivera-
Geronimo’s particular social group was not cognizable under the INA.
The BIA reversed the IJ’s decision. According to the BIA, Matter of A-R-
C-G- did not “necessarily require that a domestic relationship involve a legal
marriage in order for an alien to establish that she is a member of a cognizable
particular social group where, for example, the relationship is of long duration.”
The BIA remanded the case to provide Ms. Rivera-Geronimo with “a renewed
opportunity to clearly and explicitly define the proposed particular social group
upon which she seeks relief.”3
At the hearing on remand, the IJ asked Ms. Rivera-Geronimo to explain her
particular social group. Ms. Rivera-Geronimo’s counsel responded that her
particular social group was “essentially the same group” as before and restated it as
“Guatemalan women in domestic relationships.” After hearing additional
argument, the IJ issued a second oral decision denying Ms. Rivera-Geronimo’s
request for asylum. The IJ concluded Ms. Rivera-Geronimo’s particular social
group was not cognizable because it lacked particularity and social distinction.
The IJ explained:
3
On remand, Ms. Rivera-Geronimo amended her application for asylum. She added an
additional claim for asylum based on the domestic abuse she faced by her second domestic
partner, a Guatemalan man who she met in the United States. On appeal, Ms. Rivera-Geronimo
raises arguments about the denial of this claim. But none of her arguments address the reasons
the BIA affirmed the denial. As a result, she has abandoned this issue on appeal. See Sepulveda,
401 F.3d at 1228 n.2.
5
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Guatemalan women in domestic relationships is a huge number of
women, extremely diverse, and numerous and inchoate, and lacks the
requisite particularity to constitute a particular social group, nor is there
any showing that Guatemalan society views them with the requisite
social distinction.
The IJ also denied Ms. Rivera-Geronimo’s claim for humanitarian asylum because
Ms. Rivera-Geronimo failed to present sufficient evidence to show that the
Guatemalan government was unwilling or unable to protect her.
The BIA affirmed the IJ’s decision. The BIA found that “‘Guatemalan
women in domestic relationships’ is not [a] legally viable [particular social group]
because it lacks the required particularity and social distinction” and the particular
social group in Matter of A-R-C-G- was more narrowly defined than “Guatemalan
women in domestic relationships.” As a result, the BIA concluded Ms. Rivera-
Geronimo was ineligible for asylum.
The BIA also affirmed the IJ’s humanitarian asylum conclusion but for
different reasons than those relied on by the IJ. The BIA stated that “[b]ecause
[Ms. Rivera-Geronimo] did not establish that her past persecution was on account
of a protected ground—in this case, membership in a cognizable particular social
group—she cannot qualify for humanitarian asylum.” The BIA therefore
dismissed Ms. Rivera-Geronimo’s appeal. Ms. Rivera-Geronimo filed a petition
for review in this Court, which we now consider.
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II.
This Court reviews the BIA’s decision as the final judgment, unless the BIA
expressly adopted the IJ’s decision. Gonzalez v. U.S. Att’y Gen., 820 F.3d 399,
403 (11th Cir. 2016) (per curiam). “Where the BIA agrees with the IJ’s reasoning,
we review the decisions of both the BIA and the IJ to the extent of the agreement.”
Id. “In a petition for review of a BIA decision, we review conclusions of law de
novo,” including the question of “[w]hether an asserted group qualifies as a
‘particular social group’ under the INA.” Id.
Although we review de novo the BIA’s determination of a particular social
group, our review “is informed by the principle of deference articulated in
Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837,
104 S. Ct. 2778 (1984).” Castillo-Arias v. U.S. Att’y Gen., 446 F.3d 1190, 1195
(11th Cir. 2006) (quotation marks omitted). This is because the INA does not
define what constitutes a particular social group. See INS v. Aguirre–Aguirre, 526
U.S. 415, 425, 119 S. Ct. 1439, 1445 (1999) (“[T]he BIA should be accorded
Chevron deference [when] it gives ambiguous statutory terms concrete meaning
through a process of case-by-case adjudication.” (quotation marks omitted)). As a
result, this Court applies the BIA’s interpretation of what constitutes a particular
social group unless the interpretation is unreasonable, arbitrary, capricious, or
clearly contrary to law. Castillo-Arias, 446 F.3d at 1196.
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III.
Ms. Rivera-Geronimo raises three issues on appeal—all of which concern
the BIA’s interpretation of her particular social group. 4 First, she argues the BIA
erred in concluding she was not eligible for asylum because “Guatemalan women
in domestic relationships” is a cognizable particular social group under the INA.
Second, she argues she does not need to be a member of a cognizable particular
social group to qualify for humanitarian asylum. In the alternative, she argues
because she is a member of a cognizable particular social group, the BIA erred in
determining she was not eligible for humanitarian asylum. We address each of Ms.
Rivera-Geronimo’s arguments in turn.
A.
Ms. Rivera-Geronimo contends the BIA erred in rejecting her proposed
particular social group—“Guatemalan women in domestic relationships”—as
lacking particularity and social distinction. She says the group she proposed is
particular and socially distinct, and it is “not defined by the fact that the applicant
4
In her initial brief, Ms. Rivera-Geronimo also argues that because the IJ and the BIA
gave different reasons for denying her humanitarian asylum claim, this Court reviews both the
decision of the IJ and the decision of the BIA. However, this assertion is erroneous. This Court
reviews only the BIA’s decision as the final judgment, unless the BIA expressly adopts the IJ’s
decision. Ruiz v. Gonzalez, 479 F.3d 762, 765 (11th Cir. 2007). The BIA expressly adopted the
IJ’s decision for denying Ms. Rivera-Geronimo’s asylum claim. As a result, we review both the
BIA and the IJ’s decision on that claim. See id. However, the BIA did not adopt the IJ’s
reasoning for denying Ms. Rivera-Geronimo’s humanitarian asylum claim. We therefore review
only the BIA’s reasoning for denying it. See id.
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is or was subject to domestic violence.” She explains her proposed particular
social group’s “defining characteristics” are “being ‘women’ and ‘being or having
been’ in ‘a domestic relationship.’”
Under the INA, an undocumented immigrant who arrives or is present in the
United States may apply for asylum. 8 U.S.C. § 1158(a)(1); Castillo-Arias, 446
F.3d at 1195. The BIA, through the Attorney General, has discretion to grant
asylum if the immigrant meets the INA’s definition of a “refugee.” 8 U.S.C. §
1158(b)(1). The INA defines a “refugee” as:
any person who is outside any country of such person’s nationality . . .
and who is unable or unwilling to return to, and is unable or unwilling
to avail himself or herself of the protection of, that country because of
persecution or a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or
political opinion.
8 U.S.C. § 1101(a)(42)(A). Under this definition, an applicant may establish she is
a “refugee” if she either: (1) suffered past persecution on account of race, religion,
nationality, or membership in a particular social group, or (2) has a “well-founded
fear” that her race, religion, nationality, or membership in a particular social group
will cause future persecution. Ruiz v. U.S. Att’y Gen., 440 F.3d 1247, 1257 (11th
Cir. 2006) (per curiam). The burden is on the applicant to show that she qualifies
as a “refugee.” Id.
The BIA requires an applicant seeking asylum based on membership in a
particular social group to show that the group is: “(1) composed of members who
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share a common immutable characteristic, (2) defined with particularity, and (3)
socially distinct within the society in question.” Matter of M-E-V-G-, 26 I. & N.
Dec. 227, 237 (BIA 2014). This Court generally defers to the BIA’s interpretation
of “particular social group.” See Gonzalez, 820 F.3d at 404 (“We have . . . held
that the BIA’s interpretation of the phrase ‘particular social group’ . . . is entitled
to Chevron deference because the INA does not define the phrase and it is
ambiguous.”). An applicant’s particular social group must meet all three criteria.
See Matter of M-E-V-G-, 26 I. & N. Dec. at 237. A particular social group must
not be defined so broadly that it becomes a “catch-all for all groups who might
claim persecution.” Castillo-Arias, 446 F.3d at 1197. “The risk of persecution
alone does not create a particular social group.” Id. at 1198.
In support of her argument that “Guatemalan women in domestic
relationships” is a cognizable particular social group, Ms. Rivera-Geronimo cites
Matter of A-R-C-G-. There, the BIA found that “married women in Guatemala
who are unable to leave their relationship” was a legally cognizable particular
social group. Matter of A-R-C-G-, 26 I. & N. Dec. at 388–90. In making this
determination, the BIA focused on Guatemalan societal expectations about gender
and subordination and the lack of police interference to help women seeking
protection from their abusive spouses. See id. at 393. According to the BIA, these
societal norms, coupled with the group’s “defining characteristics” of “married,”
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“women,” and “unable to leave the relationship,” gave the particular social group
“discrete and definable boundaries.” Id.
But Ms. Rivera-Geronimo did not propose a group akin to the particular
social group of “married women in Guatemala who are unable to leave their
relationship.”5 Instead, she proposed the group of “Guatemalan women in
domestic relationships,” which is not a cognizable particular social group.
“Guatemalan women in domestic relationships” knows no discrete boundaries and
is not sufficiently particular. See Gonzalez, 820 F.3d at 404 (“[T]he proposed
group . . . must not be amorphous, overbroad, diffuse, or subjective.” (quotation
marks omitted and alteration adopted)). The group consists of women who are in
healthy, voluntary, and loving relationships as well as those who are in abusive
ones. It offers no benchmark or distinguishable characteristic based on
Guatemalan societal expectations and is thus overly broad and amorphous. See id.;
see also Matter of W-G-R-, 26 I. & N. Dec. 208, 221 (BIA 2014) (rejecting the
particular social group of former members of the Mara 18 gang in El Salvador who
renounced their gang membership because it could include “persons of any age,
5
We recognize Matter of A-R-C-G- has been overruled by Matter of A-B-, 27 I. & N.
Dec. 316 (AG 2018). But the BIA’s decision in this case came before Matter of A-B- when
“married women in Guatemala who are unable to leave their relationship” was still a cognizable
particular social group.
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sex, or background” and is “not limited to those who have had a meaningful
involvement with the gang.”).
Further, Ms. Rivera-Geronimo’s proposed particular social group is not
perceived as socially distinct within Guatemalan society. To show social
distinctiveness, Ms. Rivera-Geronimo points to data regarding the rampant levels
of violence against women in Guatemala and the Guatemalan government’s
ineffective efforts to prevent that violence. But, even accepting it as true, this
evidence shows us only that the Guatemalan government condones violence
against women and treats Guatemalan women in abusive relationships as socially
distinct. It does not show us that Guatemalan society perceives “Guatemalan
women in domestic relationships” the same way. See Matter of W-G-R-, 26 I. &
N. Dec. at 216–17 (explaining for a particular social group to be considered
“socially distinct,” the applicant must present “evidence showing that society in
general perceives, considers, or recognizes persons sharing the particular
characteristic to be a group.”). If anything, this evidence demonstrates that Ms.
Rivera-Geronimo—by virtue of being a Guatemalan woman—is at greater risk
than others for domestic abuse without police intervention. But an increased risk
of persecution alone does not give rise to a particular social group. See Castillo-
Arias, 446 F.3d at 1193, 1196–98 (holding that members of a particular social
group must “share a common characteristic other than their risk of being
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persecuted” (quotation marks omitted)). We therefore cannot recognize her
particular social group on this basis. See id.
Because “Guatemalan women in domestic relationships” is not sufficiently
particular or socially distinct, the BIA reasonably concluded Ms. Rivera-Geronimo
failed to assert a cognizable particular social group. We therefore deny her petition
for review for her asylum claim.
B.
The BIA found Ms. Rivera-Geronimo was ineligible for humanitarian
asylum because she was not a member of a particular social group and thus not a
“refugee” as defined in 8 U.S.C. § 1101(a)(42)(A). Ms. Rivera-Geronimo argues
the BIA erred in reaching this determination because she is not required to be a
“refugee” under the definition set out in § 1101(a)(42) to qualify for humanitarian
asylum. She says humanitarian asylum is available to all persons, irrespective of
whether they are part of a cognizable particular social group, if they show
“compelling reasons” for it based on “the severity of the persecution suffered” in
their native county.
This Court recently held in Perez-Zenteno v. U.S. Attorney General, 913
F.3d 1301 (11th Cir. 2019), that an applicant “must . . . establish that she is a
refugee” to be “granted humanitarian asylum.” Id. at 1311 n.3. To show that an
applicant is a “refugee,” she must have suffered “past persecution on account of a
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statutorily protected ground.” Id. These statutorily protected grounds include race,
religion, nationality, membership in a particular social group, or political opinion.
See 8 U.S.C. § 1101(a)(42)(A); see also 8 C.F.R. § 1208.13(b)(1). As a result, and
because Ms. Rivera-Geronimo is not a member of a cognizable particular social
group, she is ineligible for humanitarian asylum. Perez-Zenteno, 913 F.3d at 1311
n.3.
PETITION FOR REVIEW DENIED.
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