Immigration-Petition for Asylum

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7^th Circuit Court of Appeals

Case Name: Melvin Osorio-Morales v. Merrick Garland

Case No.: 22-2909

Officials: Scudder, St. Eve, and Lee, Circuit Judges.

Focus: Immigration-Petition for Asylum

In 1996, a chain of events unfolded within Melvin Osorio-Morales’s family. Jeremias, a family member, was involved in a romantic relationship with Argueta, who happened to be dating a member of the Hernandez family. Unfortunately, a violent altercation occurred between the men, resulting in Jeremias losing his life. In a retaliatory act, the Osorio family took the life of Robert Hernandez. In response, the Hernandez family committed a heinous act by setting fire to the Osorio home, which tragically claimed the life of a grandmother, while two uncles narrowly escaped but suffered severe burns. Subsequently, a criminal case was initiated, but the accused members of the Hernandez family were released, sparking a cycle of bloodshed and animosity. A year after these events, Melvin was born into this deeply troubled environment. Although he himself never engaged in any violent encounters with the Hernandez family, he lived in constant fear, and felt compelled to carry weapons for self-protection. During his testimony, Melvin revealed the reality that one cousin had been left paralyzed, three uncles had lost their lives, two cousins tragically took their own lives out of fear of the Hernandez family’s retribution, and another cousin fell victim to a fatal stabbing.

Melvin arrived in the United States in 2014, seeking refuge from the turmoil in his home country of Honduras. However, his claims for asylum, withholding of removal, and protection under the Convention Against Torture were all denied by the Board of Immigration Appeals (BIA). Subsequently, the Seventh Circuit Court of Appeals also denied relief. But no matter how sympathetic his case, the Seventh Circuit ruled that US law does not permit us to grant asylum where an IJ has reasonably found that a foreign government is willing and able to help the asylum-seeker. Because Melvin failed to show that the Honduran government was “unable or unwilling” to protect him, his claims must fail.

Petition Denied

Decided 07/05/23

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