Edguin Perez-Garcia v. U.S. Attorney General


USCA11 Case: 18-14307 Date Filed: 01/04/2022 Page: 1 of 18 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 18-14307 Non-Argument Calendar ____________________ EDGUIN PEREZ-GARCIA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. USCA11 Case: 18-14307 Date Filed: 01/04/2022 Page: 2 of 18 2 Opinion of the Court 18-14307 ____________________ No. 20-11381 Non-Argument Calendar ____________________ EDGUIN PEREZ-GARCIA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petitions for Review of a Decision of the Board of Immigration Appeals Agency No. A094-800-347 ____________________ Before JORDAN, JILL PRYOR, and NEWSOM, Circuit Judges. PER CURIAM: Edguin Perez-Garcia, a native and citizen of Honduras, seeks review of the Board of Immigration Appeals’ (“BIA”) orders affirming the Immigration Judge’s (“IJ”) denial of his application USCA11 Case: 18-14307 Date Filed: 01/04/2022 Page: 3 of 18 18-14307 Opinion of the Court 3 for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punish- ment (“CAT”) and denying his motion to reopen removal pro- ceedings. After careful review, we dismiss his petition seeking re- view of the BIA’s decision on his CAT claim because he failed to exhaust the argument he now raises. We grant his petition seek- ing review of the denial of his motion to reopen, vacate the BIA’s decision, and remand because the BIA failed to give reasoned con- sideration to Perez-Garcia’s central argument in support of that motion. I. Perez-Garcia first entered the United States in 2006; he was removed that same year. As relevant to this case, Perez-Garcia re- entered in 2012, and the Department of Homeland Security issued him a notice of intent to reinstate his prior removal order, charg- ing him as removable based on that prior removal order under the Immigration and Nationality Act, 8 U.S.C. § 1231(a)(5). Perez-Garcia underwent a reasonable fear interview and was found to have established a reasonable fear of torture should he return to Honduras. During the interview, Perez-Garcia told an immigration officer that in February 2012 he was working at a warehouse in Honduras when a police officer named Nectari and five or six other men broke down the door, pointed their guns at him, sprayed him with tear gas, tied him up, threw him in a trash can, and threatened to set him on fire. At the time, Nectari was wearing a police shirt displaying his name. After throwing Perez- USCA11 Case: 18-14307 Date Filed: 01/04/2022 Page: 4 of 18 4 Opinion of the Court 18-14307 Garcia in the trash, the assailants stole tools and a truck. Nectari and the other assailants then tried to light Perez-Garcia on fire, but a coworker “came and shot in the air.” AR at 317. 1 Perez- Garcia “ran off,” but his coworker was shot. AR at 318. Perez- Garcia told immigration officer that his assailants were at the warehouse for “[a]bout two hours” before leaving. Id. at 317. Perez-Garcia told an “engineer” who supervised work at the warehouse what happened and that he was afraid to …

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