K. H. v. Barr, No. 18-3426 (6th Cir. 2019)Annotate this Case
In 2012, K.H., a Guatemalan citizen, then seven years old, was kidnapped, beaten, and raped by gang members. The Guatemalan police caught K.H.’s persecutors, who were tried, convicted, and sentenced. The government provided K.H. with psychological treatment, temporarily placed her in a child refuge center, helped her with a visa application, and required that K.H. and her grandmother relocate. Shortly thereafter, while her visa application was pending, K.H. fled to the United States, where her mother was living. K.H. was apprehended by immigration authorities at the U.S.-Mexico border in 2014. The Board of Immigration Appeals affirmed the denial of her applications for asylum and humanitarian asylum because she failed to demonstrate that the Guatemalan government was unwilling or unable to control her persecutors and protect her. The Sixth Circuit affirmed, concluding that substantial evidence supported the BIA’s determination. The court noted the government’s timely intervention and the arrests, prosecution, conviction, and sentencing of K.H.’s persecutors, as well as the steps taken by the to protect K.H. K.H. did not suffer past persecution, so her claim for humanitarian asylum must fail.