Glendy Lopez De Leon De Hernandez v. Todd Blanche
── Glendy Lopez De Leon De Hernandez v. Todd Blanche ──
Court: Court of Appeals for the Eighth Circuit
Date: May 12, 2026
Category: General
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-1298
___________________________
Glendy Amelida Lopez De Leon De Hernandez; A.I.H.L.
Petitioners
v.
Todd Blanche,1 Acting Attorney General of the United States
Respondent
____________
Petition for Review of an Order of the
Board of Immigration Appeals
____________
Submitted: March 16, 2026
Filed: May 12, 2026
[Unpublished]
____________
Before SHEPHERD, ERICKSON, and GRASZ, Circuit Judges.
____________
PER CURIAM
Guatemalan citizens Glendy Amelida Lopez De Leon De Hernandez and her
minor child, A.I.H.L., petition for review of an order from the Board of Immigration
1
Todd Blanche was designated as Acting Attorney General of the United
States and is substituted as Respondent pursuant Federal Rule of Appellate
Procedure 43(c).
Appeals (“BIA”) dismissing their appeal of the Immigration Judge’s (“IJ’s”) denial
of De Hernandez’s application for asylum, withholding of removal, and protection
under the Convention Against Torture. Because substantial evidence supports the
IJ’s adverse credibility determination, we deny the petition.
On March 5, 2018, De Hernandez and A.I.H.L. entered the United States and
were paroled into the country. After removal proceedings were initiated against
them, De Hernandez filed the underlying application. 2 De Hernandez stated that her
husband was physically abusive, forced her to have sexual relations with him, and
threatened to kill her if she ever reported him to the police. In support of her
application, De Hernandez filed affidavits from her brother, Edin Isaac Lopez De
Leon, and two of her friends, Maria Antonieta Gomez Gomez and Liria Izabel Santos
Cardona. De Leon and Cardona recounted an incident in 2016 where unknown men
stole money from a bakery De Hernandez purportedly owned and attempted to extort
more money from her by leaving three dead animals in front of the bakery.
On February 11, 2022, the IJ held a merits hearing on De Hernandez’s
application. Shortly before the hearing, De Hernandez filed a personal affidavit
detailing the abuse she suffered at the hands of her husband. She also described
abuse inflicted upon her by her parents starting at age 6 and sexual abuse she suffered
around the ages of 12 to 17 from men who worked at her parents’ bakery. During
the hearing De Hernandez testified and further elaborated on the abuse she suffered
from her husband, parents, and the men who worked at the bakery as well as her
attempts to leave her husband.
Although the IJ believed De Hernandez “experienced some forms of violence
and threats in Guatemala,” she specifically found De Hernandez did not testify
credibly in support of her application. The IJ cited omissions and inconsistencies
2
A.I.H.L. was named as a derivative beneficiary of De Hernandez’s asylum
claim. The “derivative” asylum statute permits a “spouse or child” of an applicant
who qualifies for asylum to derive asylum through that applicant. 8 U.S.C.
§ 1158(b)(3)(A).
-2-
between her testimony and the documentary evidence. The IJ also questioned the
reliability of the affidavits filed by De Hernandez’s brother and friends because they
all bore the same date, were from the same attorney, and contained similar language.
Without credible testimony supporting her application, the IJ determined De
Hernandez had failed to me
{# 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. #}