Hernandez-Hernandez v. Garland, No. 21-3210 (6th Cir. 2021)
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Hernandez, a citizen of Guatemala, has two minor children. Her daughter, A.L. is also a citizen of Guatemala. Her son, born in 2018, is a U.S. citizen. In 2016, Hernandez left Guatemala with her daughter and entered the U.S. without authorization. In removal proceedings under 8 U.S.C. 1182(a)(6)(A)(i), Hernandez sought asylum and withholding of removal, alleging that she was a member of the indigenous K’iche’, whom the Guatemalan government does not help. She alleged that she had suffered and feared future “persecution in the form of severe economic disadvantage or the deprivation of liberty, food, housing, employment and other essentials of life” on account of her status as an indigenous K’iche’ woman.
Although the IJ found Hernandez credible, he denied her claims for relief and ordered her removed. The BIA affirmed. The Sixth Circuit denied a petition for review. Substantial evidence supports a conclusion that Hernandez had not shown “persecution” because any economic deprivation she suffered or feared was not, and would not be, “deliberately imposed by the Guatemalan government or non-government actors the government is unable or unwilling to control.”
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