Juan Gamas-Vicente v. Todd Blanche
── Juan Gamas-Vicente v. Todd Blanche ──
Court: Court of Appeals for the Sixth Circuit
Date: April 07, 2026
Category: General
RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 26a0109p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
┐
JUAN LUIS GAMAS-VICENTE,
│
Petitioner, │
> No. 25-3415
│
v. │
│
TODD W. BLANCHE, Acting Attorney General, │
Respondent. │
┘
On Petition for Review from the Board of Immigration Appeals.
No. A 206 454 387.
Decided and Filed: April 7, 2026
Before: GIBBONS, THAPAR, and LARSEN, Circuit Judges.
_________________
COUNSEL
ON BRIEF: Margaret W. Wong, MARGARET WONG & ASSOCIATES LLC, Cleveland,
Ohio, for Petitioner. Andrea Gevas, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
_________________
OPINION
_________________
THAPAR, Circuit Judge. Juan Luis Gamas-Vicente illegally entered the United States in
2014. He conceded that he was removable but has spent the last decade seeking asylum,
withholding of removal, and protection under the Convention Against Torture. An immigration
judge rejected his application, and the Board of Immigration Appeals affirmed. They concluded
that Gamas-Vicente didn’t establish that he is a member of a particular social group facing
persecution. We agree, so we deny his petition for review.
No. 25-3415 Gamas-Vicente v. Blanche Page 2
Juan Luis Gamas-Vicente, a Guatemalan national, illegally entered the United States as
an unaccompanied minor. The next day, he received a notice to appear charging him with
removability. See 8 U.S.C. § 1182(a)(6)(A)(i). But he didn’t show up for his first immigration
hearing. Or his second. When he failed to appear the second time, an immigration judge (IJ)
ordered Gamas-Vicente removed in absentia. Gamas-Vicente then filed a motion to reopen his
case. The IJ granted the motion and rescinded the removal order. Gamas-Vicente conceded
removability and applied for asylum, withholding of removal, and protection under the
Convention Against Torture (CAT).
Gamas-Vicente’s claims related to his alleged experiences with the Mara 18 gang in
Guatemala and his Mayan ethnicity. In his asylum application, he recounts that “everything
started” when Mara 18 members asked him to join their gang and he refused. AR 609. Gamas-
Vicente believes that Mara 18 kills people who refuse to join and that its members raped his
sister in retaliation for his refusal. Gamas-Vincente also alleges that “the Latino controlled
police and government treat Mayans as second-class,” so he fears the police won’t protect him
from the gang. Id. And that’s why he claims he left Guatemala and illegally entered the United
States.
An IJ held a hearing to evaluate Gamas-Vicente’s application. Gamas-Vicente testified
that when he was 17, five Mara 18 members armed with knives, a machete, and nunchucks asked
him to join their gang and commit crimes for them. When he said no, they “threw [him] to the
floor” and told him to think about it. AR 138. Gamas-Vicente alleged that eight gang members
approach
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}