Moreno Garcia v. Attorney Gen'l of U.S., No. 10-1311 (3d Cir. 2011)
Annotate this Case
Claudia illegally entered the U.S. in 1998 or 1999; her younger sister, Silvia illegally entered in 2005. About a year later, DHS charged each with removability under the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(6)(A)(i). Both sisters conceded removability but applied for asylum, withholding of removal, and CAT protection, claiming that if they are returned to Guatemala, they will be persecuted by a violent gang the government allegedly cannot control. Silvia had been in witness protection for assisting the government's efforts against the gang and a cousin who was involved with the gang. An immigration judge rejected the petitions and the BIA affirmed. The Third Circuit denied Claudia's appeal, but remanded Silvia's case for a determination of whether the harm she might face rises to the level of persecution and whether she had been safely resettled in Mexico. Silvia shares a common, immutable characteristic with other civilian witnesses who have the shared experience of assisting law enforcement against violent gangs that threaten communities in Central America.
The court issued a subsequent related opinion or order on January 13, 2012.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.