CA4 on Asylum, Nexus, Honduras: Cantillano Cruz v. Sessions

Cantilloano Cruz v. Sessions, Mar. 13, 2017 - 

"Luz Marina Cantillano Cruz (Cantillano Cruz), a citizen of Honduras, petitions for
review of a final order of removal entered by the Board of Immigration Appeals (BIA).1
The BIA affirmed an immigration judge’s (IJ) conclusion that Cantillano Cruz was not
eligible for asylum, withholding of removal, or protection under the Convention Against
Torture (CAT). Cantillano Cruz argued before the BIA and IJ that she feared persecution
on account of her nuclear family ties to her husband Johnny Martinez (Martinez), whom
she suspected had been murdered by his employer. The BIA and IJ rejected this
argument and determined that any persecution suffered by Cantillano Cruz occurred
because she had threatened to report the employer to the police, an act that did not qualify
as a basis for her requested relief.
Upon our review, we conclude that Cantillano Cruz’s familial relationship with
Martinez necessarily was one central reason for the persecution and fear of future
persecution established by Cantillano Cruz, thereby meeting the statutory “nexus
requirement” for asylum provided in the Immigration and Nationality Act (INA) in 8
U.S.C. § 1158(b)(1)(B)(i). Accordingly, we grant Cruz’s petition and remand her case to
the BIA for further proceedings."

[Hats off to James Edward Tysse, Michelle A. Reed, Steven H. Schulman and Matthew W. Kinskey!]