Immigration-Asylum

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7^th Circuit Court of Appeals

Case Name: Edelyn Seleny Nerio Perez v. Merrick B. Garland

Case No.: 22-2434

Officials: Wood, Hamilton, and Kirsch, Circuit Judges.

Focus: Immigration-Asylum

In 2016, Nerio and her minor daughter attempted to enter the United States without the necessary authorization. They applied for asylum and withholding of removal, citing Nerio’s fear that her partner’s nephew, Walter, would pose a threat to them if they were forced to return to their home country. Nerio provided testimony indicating that she and her partner, Yuny, had been in a relationship for a decade. After they first met, Nerio became pregnant about a year later. Even though Yuny had left Guatemala in 2009, Nerio continued to live with or in close proximity to Yuny’s family. Walter, however, treated her as inferior due to her indigenous heritage and did not consider her a part of the family. Nerio further testified that in 2015, Walter began physically attempting to harm her. On two occasions that year, he tried to hit her with his motorcycle. In February 2016, he even fired a rifle at her. Although Nerio obtained a protective order, she did not pursue criminal charges due to pressure from her family.

The Seventh Circuit upheld the denial of relief, concluding that substantial evidence supported the immigration judge’s decision that Nerio had not demonstrated that the Guatemalan government was unable or unwilling to protect her. The immigration judge reasonably weighed the general country conditions report against Nerio’s specific testimony.

Affirmed.

Decided 10/03/23

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