Sabastian-Andres v. Garland, No. 23-3606 (6th Cir. 2024)
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Sandra Sabastian-Andres, an indigenous Mayan Akateko woman from Guatemala, appealed the Board of Immigration Appeals' affirmation of the Immigration Judge's decision to deny her claims for asylum, withholding of removal, and protection under the Convention Against Torture. Sabastian-Andres had fled to the U.S. after a man named Pedro threatened her for refusing his demand to become his wife and join his gang.
The United States Court of Appeals for the Sixth Circuit reviewed the case under the substantial evidence standard, considering the Board's finding as reasonable, substantial, and probative evidence on the record as a whole. The court found substantial evidence supporting the Board's conclusion that there was no nexus between the threats Sabastian-Andres received and her identity as a Mayan Akateko woman. Sabastian-Andres's own testimony confirmed that Pedro's threats were not due to her indigenous identity.
Additionally, substantial evidence supported the decision that Sabastian-Andres was ineligible for withholding of removal. Despite the less stringent standard for demonstrating a nexus in the context of withholding of removal compared to asylum, the complete lack of a nexus rendered her ineligible.
Finally, the court found substantial evidence supporting the decision that Sabastian-Andres did not qualify for relief under the Convention Against Torture. Despite her claims that she could not report Pedro's threats to the police due to language barriers and her belief that the police collaborated with gangs, the court found that the Guatemalan government had taken steps to address gang violence. Therefore, the court denied Sabastian-Andres's petition for review.
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