Tuabanda v. Blanche
CourtCourt of Appeals for the Second Circuit
Date FiledNovember 3, 2026
Docket23-7615
StatusUnpublished
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Full Opinion
23-7615
Yanez-Tuabanda v. Blanche
BIA
Ling, IJ
A220 193 456/455
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY
ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL
APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY
CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY
COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley
Square, in the City of New York, on the 3 rd day of November, two thousand
twenty-six.
PRESENT:
JON O. NEWMAN,
MICHAEL H. PARK,
SARAH A. L. MERRIAM,
Circuit Judges.
_____________________________________
DEYCI VERONICA YANEZ-
TUABANDA, N.Y.C.-Y.,*
Petitioners,
v. 23-7615
NAC
* We have used only initials to refer to the minor petitioner in this publicly accessible
order, consistent with Federal Rule of Civil Procedure 5.2(a)(3) and Federal Rule of
Appellate Procedure 25(a)(5).
TODD BLANCHE, UNITED STATES
ATTORNEY GENERAL,
Respondent.
_____________________________________
FOR PETITIONERS: Reuben S. Kerben, Kerben Law Firm, P.C.,
Kew Gardens, NY.
FOR RESPONDENT: Brian Boynton, Principal Deputy Assistant
Attorney General; Julie M. Iversen, Senior
Litigation Counsel; Robert Michael Stalzer,
Trial Attorney, Office of Immigration
Litigation, United States Department of
Justice, Washington, DC.
UPON DUE CONSIDERATION of this petition for review of a Board of
Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND
DECREED that the petition for review is DENIED.
Petitioner Deyci Veronica Yanez-Tuabanda and her minor child, both
natives and citizens of Ecuador, seek review of an October 3, 2023, decision of the
BIA affirming a March 23, 2023, decision of an Immigration Judge (“IJ”) denying
asylum, withholding of removal, and relief under the Convention Against Torture
(“CAT”). In re Deyci Veronica Yanez-Tuabanda, et al., Nos. A220 193 456/455 (B.I.A.
Oct. 3, 2023), aff’g Nos. A220 193 456/455 (Immigr. Ct. N.Y. City Mar. 23, 2023).
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We assume the parties’ familiarity with the underlying facts and procedural
history.
Under the circumstances, we have reviewed the decisions of both the IJ and
the BIA. See Chen v. Bd. of Immigr. Appeals, 435 F.3d 141, 144 (2d Cir. 2006).
Petitioners did not challenge the IJ’s rejection of their CAT claim before the BIA; it
is therefore unexhausted, and we do not consider it. See Vera Punin v. Garland,
108 F.4th 114, 124 (2d Cir. 2024) (requiring exhaustion of issues before the BIA).
We review “the entirety of the agency’s conclusions” – both findings of fact and
the application of law to fact – for substantial evidence. Al Saidi v. Blanche, 185
F.4th 286, 297 (2d Cir. 2026) (citing Urias-Orellana v. Bondi, 607 U.S. 537, 545 (2026).
“[T]he administrative findings of fact are conclusive unless any reasonable
adjudicator would be compelled to conclude to the contrary.” 8 U.S.C.
§ 1252(b)(4)(B). “We review constitutional claims and questions of law de novo.”
Paucar v. Garland, 84 F.4th 71, 80 (2d Cir. 2023).
To establish eligibility for asylum, an applicant must establish “past
persecution or a well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political opinion.”
8 U.S.C. § 1101(a)(42); see also id. § 1158(b)(1)(B)(i); 8 C.F.R. § 1208.13(b).
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“[P]ersecution is an extreme concept that does not include every sort of treatment
our society regards as offensive.” Mei Fun Wong v. Holder, 633 F.3d 64, 72 (2d Cir.
2011) (citation modified). It “encompasses a variety of forms of adverse
treatment, including non-life-threatening violence and physical abuse,” but it
“does not encompass mere harassment.” Ivanishvili v. U.S. Dep’t of Just., 433 F.3d
332, 341 (2d Cir. 2006) (citation modified). “Private acts can . . . constitute
persecution if the government is unable or unwilling to control such actions.”
Pan v. Holder, 777 F.3d 540, 543 (2d Cir. 2015).
Yanez-Tuabanda’s stepfather’s injury and his brother’s tragic murder,
which she did not claim to have witnessed and was not a means of targeting her,
did not support her claim of past persecution because “applicants can become
candidates for asylum relief only based on persecution that they themselves have
suffered.” Shi Liang Lin v. U.S. Dep’t of Just., 494 F.3d 296, 308 (2d Cir. 2007); see
also Tao Jiang v. Gonzales, 500 F.3d 137, 141–42 (2d Cir. 2007) (explaining that
reliance on harm to a family member may amount to past persecution if the
applicant was in the “zone of risk” and suffered harm following the incident or
where the harm was a means of targeting the applicant). Yanez-Tuabanda was
harassed by classmates as a child and lived in a house that was robbed once when
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she was an adult, but she did not allege that she suffered specific harm as a result.
Thus, the agency reasonably concluded that she failed to establish harm rising to
the level of persecution. See Mei Fun Wong, 633 F.3d at 72; Ivanishvili, 433 F.3d at
341. Because Yanez-Tuabanda did not demonstrate past persecution, she was not
entitled to a presumption of a well-founded fear or likelihood of persecution and
thus had the burden to establish that she had such a fear on account of a protected
ground. See 8 C.F.R. § 1208.13(b).
A well-founded fear of future persecution “requires that the alien . . .
establish that h[er] fear is objectively reasonable.” Ramsameachire v. Ashcroft, 357
F.3d 169, 178 (2d Cir. 2004). The agency did not err in finding Yanez-Tuabanda’s
fear of persecution speculative because she did not allege that the men who
attacked her stepfather in 2004 had contacted her or her family since, that there
was a basis to conclude that the attackers were involved in the robbery of her
house many years later, or that the attackers or anyone else had expressed an
interest in harming her. See Jian Xing Huang v. U.S. INS, 421 F.3d 125, 129 (2d Cir.
2005) (“In the absence of solid support in the record . . . [an applicant’s] fear is
speculative at best”). Further, the harassment and general crime conditions she
alleged are insufficient to establish a well-founded fear of persecution. See
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Ivanishvili, 433 F.3d at 341; see also Melgar de Torres v. Reno, 191 F.3d 307, 313–14 (2d
Cir. 1999) (concluding that “random violence” and “general crime conditions” are
not grounds for asylum). Because Yanez-Tuabanda failed to establish a well-
founded fear of persecution, the agency did not err in denying asylum and
withholding of removal. See Lecaj v. Holder, 616 F.3d 111, 119–20 (2d Cir. 2010)
(holding that an applicant who “fails to demonstrate the . . . chance of persecution
required for the grant of asylum, . . . necessarily fails to demonstrate the clear
probability of future persecution required for withholding of removal” (quotation
marks and citations omitted)). We need not reach the agency’s alternative bases
for denying those forms of relief. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976)
(“As a general rule courts and agencies are not required to make findings on issues
the decision of which is unnecessary to the results they reach.”).
For the foregoing reasons, the petition for review is DENIED. All pending
motions and applications are DENIED and stays VACATED.
FOR THE COURT:
Catherine O’Hagan Wolfe,
Clerk of Court
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