7th Circuit Precedent regarding Asylum: Osorio-Morales v. Garland, 72 F.4th 738 (7th Cir. 2023)

M elvin Osorio-Morales sought asylum, withholding of removal, and protection under the Convention Against Torture due to a deadly feud between his family and the Hernandez family in Honduras. The Immigration Judge (IJ) and Board of Immigration Appeals (BIA) denied his petitions on the basis that the feud was private and not government-sanctioned, and the government was not seen as unwilling or unable to protect him. Osorio-Morales appealed this decision.

Arguments:

  • Petitioner's Arguments: Osorio-Morales argued he was in danger due to the family feud and the Honduran government would not or could not protect him.
  • Respondent's Arguments: The government contended that the violence was a private matter and that the Honduran government had taken steps to protect its citizens, implying they were not unwilling or unable to protect the petitioner.

Holding: 

The court denied Osorio-Morales's petition for review, affirming the decision of the IJ and BIA that the Honduran government was not shown to be unable or unwilling to protect him from the family feud.

Cases and Statutes Relied Upon:

  • Immigration and Nationality Act ('INA'): Defines the requirements for asylum and withholding of removal.
  • N.L.A. v. Holder (2014): Indicates that family members' past harm cannot be considered in an individual's asylum claim if not directed at them.
  • Minghai Tian v. Holder (2014): Sets the substantial evidence standard for review.
  • Vahora v. Holder (2013): Discusses the requirement that persecution must be inflicted by the government or by actors it cannot or will not control.
  • Bitsin v. Holder (2013): Upheld a government's ability to protect individuals if it took some steps toward that end.
  • Chetri v. Lynch (2015): Suggests that governments are not "unable or unwilling" to protect if they take action when prodded.
  • Jonaitiene v. Holder (2011): Addresses the expectation that asylum seekers should seek help from authorities to demonstrate a government's unwillingness or inability to protect them.

Legal Implications:

The case reaffirms the principle that asylum cannot be granted based solely on a private dispute unless there is compelling evidence that the government is unable or unwilling to offer protection. It emphasizes the requirement for asylum seekers to demonstrate a well-founded fear of persecution linked to government action or inaction, rather than private violence. It also clarifies the burden of proof on asylum seekers to establish their eligibility for asylum and the higher standard for withholding of removal.

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