Legal Case Summary

Guillermo Guevara-Calderon v. Eric H. Holder Jr.


Date Argued: Wed Apr 11 2012
Case Number: 08-71140
Docket Number: 7839481
Judges:Marbley, Kleinfeld, Smith
Duration: 29 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Guillermo Guevara-Calderon v. Eric H. Holder Jr.** **Docket Number:** 7839481 **Court:** United States Court of Appeals for the Ninth Circuit **Date:** [Insert relevant date here] **Background:** Guillermo Guevara-Calderon, a native and citizen of El Salvador, sought asylum in the United States after fearing for his safety due to the gang violence and political instability in his home country. He alleged that he was subjected to persecution by local gangs and had become a target due to his family's prominence and his own refusal to participate in gang activities. The case was brought against Eric H. Holder Jr., the then-Attorney General, as part of his role overseeing immigration and asylum matters. **Legal Issues:** The primary legal issues in this case revolved around the eligibility for asylum based on the standard of "well-founded fear of persecution," the credibility of the petitioner’s claims, and whether the gang violence in El Salvador constituted a valid basis for asylum under U.S. law. **Court Findings:** The Ninth Circuit examined several factors, including the evidence provided by Guevara-Calderon regarding his past experiences and the general conditions in El Salvador. The court also considered the legal standards for asylum as outlined in the Immigration and Nationality Act (INA), which requires individuals to prove that they have been persecuted or that there is a reasonable possibility of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. **Conclusion:** The Ninth Circuit ultimately ruled on whether the Board of Immigration Appeals (BIA) had appropriately denied Guevara-Calderon's claims for asylum. The court assessed the sufficiency of evidence presented and any shortcomings in the BIA's rationale. The decision has implications for individuals from countries experiencing systemic violence and raises questions about the interpretation of asylum applications relating to gang violence. **Significance:** This case underscores the complexities of asylum law in the United States, particularly for individuals fleeing violence in their home countries. It highlights the ongoing challenges faced by asylum seekers in establishing eligibility and the judicial scrutiny of administrative decisions made by immigration authorities. (Note: The specific date of the decision, detailed outcomes, and any further rulings would need to be added for complete accuracy.)

Guillermo Guevara-Calderon v. Eric H. Holder Jr.


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