Opinion

Senia Matute-Rivera v. U.S. Attorney General

Court
Court of Appeals for the Eleventh Circuit
Filed
Jan 22, 2026
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 38.3%

The opinion

USCA11 Case: 25-11483 Document: 26-1 Date Filed: 01/22/2026 Page: 1 of 10

NOT FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 25-11483

Non-Argument Calendar

____________________

SENIA YAMILETH MATUTE-RIVERA,

SOFIA NICOLLE VALLADARES-MATUTE,

Petitioners,

versus

U.S. ATTORNEY GENERAL,

Respondent.

____________________

Petition for Review of a Decision of the

Board of Immigration Appeals

Agency No. A206-693-562

____________________

Before JORDAN, BRANCH, and KIDD, Circuit Judges.

PER CURIAM:

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2 Opinion of the Court 25-11483

Senia Matute-Rivera and her daughter, Sofia, 1 petition this

Court for review of the Board of Immigration Appeal’s (“BIA”)

order dismissing their appeal of the Immigration Judge’s (“IJ”)

decision denying their application for asylum, withholding of

removal, and relief under the United Nations Convention Against

Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment (“CAT”). Specifically, the BIA determined that the

petitioners waived any challenge to the IJ’s determination that they

did not establish that the Honduran government was unwilling or

unable to protect Matute-Rivera. 2 Matute-Rivera argues that the

BIA erred in concluding that she waived this issue because she

argued that the IJ applied the wrong legal standard in analyzing her

asylum and withholding of removal claim based on her

membership in a particular social group, which was sufficient to

implicitly challenge the IJ’s determination that she had not shown

that the Honduran government was unwilling or unable to protect

her. After careful review, we deny the petition for review.

I. Background

Matute-Rivera and her then-minor-daughter, natives and

citizens of Honduras, entered the United States without inspection

in April 2014. At that time, the Department of Homeland Security

1 Sofia is a derivative beneficiary of her mother’s asylum claim.

2 The BIA also concluded that the petitioners waived any challenge to the IJ’s

determination that they were ineligible for CAT relief. However, Matute-

Rivera does not challenge that determination in her petition for review.

Accordingly, we do not address it.

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25-11483 Opinion of the Court 3

issued them notices to appear (“NTA”), charging them with being

removable under 8 U.S.C. § 1182(a)(6)(A)(i), for being present in

the United States without being admitted or paroled. At a hearing

before the IJ, Matute-Rivera conceded that she and her daughter

were removable and indicated that she would be filing an

application for asylum.

Matute-Rivera thereafter filed an application seeking

asylum, withholding of removal, and CAT relief based on political

opinion and membership in a particular social group. She alleged

that the father of her children physically and emotionally abused

her and that she feared he would harm her if she returned to

Honduras. In a supporting statement, Matute-Rivera stated that

Gerson Valladares was the father of her two children. He became

physically abusive when she confronted him about him seeing

another woman. He abused her multiple times, but she did not

report the abuse to the Honduran police because she was afraid

that he would take the children and then kill her. She decided to

come to the United States because “he wanted to have two women

and [she] did not accept that.” He threatened to kill her if he found

her with another man. She secretly left Honduras with their

daughter and left their son with another family member in

Honduras. Valladares threatened to “take revenge” if she returned

to Honduras. Their son now lives with Valladares and “the other

woman,” and Valladares physically abuses him and does not allow

him to communicate with Matute-Rivera.

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4 Opinion of the Court 25-11483

At the hearing before the IJ on her asylum application,

Matute-Rivera’s counsel clarified that the basis for the political

opinion ground was “the opinion of being against violence against

women,” and the claimed social group was a “mother of a son and

daughter.” Matute-Rivera testified that she and Valladares were

never married, and he was the father of her daughter Sofia and son

Gerson.3 She explained that she left Honduras in 2014 because

Valladares began physically abusing her after she became pregnant

with their son in 2012. At times he threatened to kill her, and she

feared for her life. She confirmed that she never went to the police

because she thought it would make things worse and that he might

kill her. She feared returning to Honduras because Valladares had

threatened to take revenge on her for leaving with their daughter

if she returned.

The IJ found Matute-Rivera’s testimony to be credible.

However, the IJ found that nothing in the record suggested that

Matute-Rivera’s partner abused her due to her actual or imputed

political opinion.

Turning to her alleged membership in a particular social

group of a “mother of a son and daughter,” the IJ determined that

this particular social group was not defined with particularity and

was therefore not a cognizable social group. Additionally, the IJ

concluded that Matute-Rivera had failed to establish that the

Honduran government was unable or unwilling to protect her

3 Matute-Rivera had another son by another man while living in the United

States.

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25-11483 Opinion of the Court 5

from these private acts of violence, citing Matter of A-B-, 27 I. & N.

Dec. 316 (A.G. 2018). Accordingly, the IJ concluded that Matute-

Rivera was ineligible for asylum or withholding of removal relief

based on membership in a particular social group. Finally, the IJ

also found that she failed to establish eligibility for CAT relief.

Matute-Rivera, through counsel, appealed to the BIA,

stating in her notice of appeal that she “presented a plausible

political asylum based case,” and that she “believe[d] the

immigration judge erred in not granting relief.” In her brief to the

BIA, she argued that the IJ erred in finding no cognizable particular

social group as to her claims for asylum and withholding of

removal. Specifically, she argued that when the IJ denied her

application, he relied on the then-governing legal standard set forth

in Matter of A-B-, 27 I. & N. Dec. 316 (A.G. 2018) (“A-B- I”)

and Matter of A-B-, 28 I. & N. Dec. 199 (A.G. 2021) (“A-B- II”), which

had overruled Matter of A-R-C-G-, 26 I. & N. Dec. 388 (BIA 2014).

However, Matute-Rivera explained that, since the IJ’s decision, the

then-Attorney General in Matter of A-B-, 28 I. & N. Dec. 307 (A.G.

2021) (“A-B-III”), had vacated A-B-I and A-B-II and reinstated Matter

of A-R-C-G-. 4 And she maintained that, in Matter of A-R-C-G-, the

BIA had “recogniz[ed] as a valid particular social group women

who have suffered acts of violence by their partner and who are

4 We note that a few months after the BIA issued its decision, the current

Attorney General overruled A-B-III, and Matter of A-R-C-G-, and reinstated the

framework in A-B-I and A-B-II. See Matter of S-S-F-M-, 29 I. & N. Dec. 207, 207

(A.G. 2025).

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6 Opinion of the Court 25-11483

unable to leave their relationships.” Accordingly, Matute-Rivera

argued that she qualified for a particular social group based on the

reinstated Matter of A-R-C-G- decision, and that given the change in

the law, the BIA or the IJ needed to reevaluate the determination

that she did not allege a cognizable social group. Matute-Rivera

did not address the IJ’s determination that she had not shown that

the Honduran government was unwilling or unable to protect

her. 5

The BIA dismissed her appeal on the ground that she failed

to “meaningfully challenge the [IJ’s] determination[] that [she] did

not establish . . . that the Honduran government was unwilling or

unable to protect her.” Thus, the BIA determined that Matute-

Rivera waived this issue, and, therefore, had not met her burden of

establishing eligibility for asylum or withholding of removal.

Finally, the BIA declined to remand the proceedings based on the

intervening change in law identified by Matute-Rivera because that

change in law did “not affect [her] waiver of the [IJ’s] determination

regarding whether the Honduran government was unwilling or

unable to protect [her].” Petitioners filed a timely petition for

review with this Court.

5 We note that, even under Matter of A-R-C-G-, the respondent had to

demonstrate that the government was unwilling or unable to control the

private actor. See Matter of A-R-C-G-, 26 I. & N. Dec. at 395. Thus, regardless

of which precedent applied, in order to prevail on her asylum claim, Matute-

Rivera had to demonstrate that the Honduran government was unable or

unwilling to protect her.

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25-11483 Opinion of the Court 7

II. Discussion

Matute-Rivera argues that the BIA erred in concluding that

she waived any challenge to the IJ’s determination that she had not

shown that the Honduran government was unwilling or unable to

protect her because she argued that the IJ applied the wrong legal

standard in analyzing her asylum and withholding of removal

claim based on membership in a particular social group, which was

sufficient to implicitly challenge the IJ’s government protection

determination.

“Generally, [we] review[] only the BIA’s decision, except to

the extent the BIA expressly adopted the IJ’s opinion or agreed with

the IJ’s reasoning.” Alvarado v. U.S. Att’y Gen., 984 F.3d 982, 988

(11th Cir. 2020).

“The BIA has discretion to summarily dismiss claims where

the record clearly indicates that the applicant has waived her right

to appeal.” Lapaix v. U.S. Att’y Gen., 605 F.3d 1138, 1144 (11th Cir.

2010). We review the BIA’s determination that the petitioner

waived an issue for abuse of discretion. Id. at 1145. To determine

whether the BIA abused its discretion, we examine “whether the

BIA acted arbitrarily or capriciously in making [its waiver]

determination.” Id.

“Generally, when an appellant fails to offer argument on an

issue, that issue is deemed abandoned.” Id. In the immigration

context, “[i]n order to avoid a waiver of appeal, the [petitioner’s]

Notice of Appeal or any attachments thereto must specifically

identify the findings of fact, the conclusions of law, or both, that

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8 Opinion of the Court 25-11483

are being challenged.” Id. (citing 8 C.F.R. § 1003.3(b)). “If a

question of law is presented, supporting authority must be cited. If

the dispute is over the findings of fact, the specific facts contested

must be identified.” 8 C.F.R. § 1003.3(b).

As part of the burden of establishing asylum eligibility, an

applicant “must show not only past persecution or a well-founded

fear of future persecution [on account of a protected ground], but

also that she is unable to avail herself of the protection of her home

country.” Lopez v. U.S. Att’y Gen., 504 F.3d 1341, 1345 (11th Cir.

2007); Ayala v. U.S. Att’y Gen., 605 F.3d 941, 950 (11th Cir. 2010)

(“An applicant for asylum who alleges persecution by a private

actor must prove that [her] home country is unable or unwilling to

protect [her] because [t]he statutes governing asylum and

withholding of removal protect . . . against persecution by non-

governmental groups that the government cannot control.”

(quotations omitted)).

Here, the BIA did not abuse its discretion in determining

that Matute-Rivera waived any challenge to the IJ’s determination

that she failed to show that the Honduran government was

unwilling or unable to protect her. In order to prevail on her

asylum or withholding or removal claim, Matute-Rivera had to

show not only persecution on account of her membership in a

particular social group, but also that she was “unable to avail

herself of the protection of [Honduras].” Lopez, 504 F.3d at 1345;

Ayala, 605 F.3d at 950. The IJ determined that she failed to

demonstrate either requirement. However, on appeal to the BIA,

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25-11483 Opinion of the Court 9

Matute-Rivera addressed only the IJ’s finding that she failed to

establish a cognizable particular social group. She did not address

the additional requirement that, even if she established that she

was a member of a particular social group, she must demonstrate

that she was unable to avail herself of the protection of the

Honduran government. While we agree that hyper-technical or

perfectly labeled arguments are not required to preserve issues,

Matute-Rivera’s argument to the BIA—that the law had changed

rendering the IJ’s determination that she failed to establish a

cognizable social group erroneous—was not sufficient to preserve

a challenge to the IJ’s government protection determination.

Accordingly, the BIA did not abuse its discretion in determining

that she waived this issue, which necessarily precluded her from

establishing eligibility for asylum or withholding of removal.6

Lapaix, 605 F.3d at 1144–45; Lopez, 504 F.3d at 1345; Ayala, 605 F.3d

at 950.

6 Matute-Rivera also argues that the BIA failed to give reasoned consideration

to her claim by failing to address the merits of her claim under the correct legal

framework and that remand is warranted so that her asylum claim can be

properly considered under the restored Matter of A-R-C-G- framework. We

disagree. The BIA gave reasoned consideration to Matute-Rivera’s claim, and

relied on well-established principles of waiver in determining that it need not

reach the merits and that a remand was not warranted. See Jathursan v. U.S.

Att’y Gen., 17 F.4th 1365, 1372 (11th Cir. 2021) (“To determine whether the

Board gave reasoned consideration to a petition, we inquire only whether the

Board considered the issues raised and announced its decision in terms

sufficient to enable a reviewing court to perceive that it has heard and thought

and not merely reacted.” (quotations omitted)).

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10 Opinion of the Court 25-11483

For the above reasons, we deny the petition for review.

PETITION DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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