USCA11 Case: 21-11315 Date Filed: 03/08/2022 Page: 1 of 8 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-11315 Non-Argument Calendar ____________________ JUAN GABRIEL JIMENEZ-HERNANDEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A206-862-396 ____________________ USCA11 Case: 21-11315 Date Filed: 03/08/2022 Page: 2 of 8 2 Opinion of the Court 21-11315 Before WILSON, JORDAN, and BRASHER, Circuit Judges. PER CURIAM: Juan Gabriel Jimenez-Hernandez seeks review of a final or- der from the Board of Immigration Appeals (BIA). The BIA af- firmed without opinion the Immigration Judge’s (IJ) denial of his applications for withholding of removal under the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(b)(3), and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), 8 C.F.R. § 1208.16(c). I. Jimenez-Hernandez, a native and citizen of Mexico, entered the United States on November 7, 2007. He was issued a Notice to Appear (NTA) by the Department of Homeland Security, which charged that he was removable for remaining in the United States for a time longer than permitted. Jimenez-Hernandez admitted the allegations and conceded to the charge. He then filed applications for withholding of removal based on his membership in a particular social group under the INA and for relief under CAT. In support of his application for withholding of removal, Jimenez-Hernandez identified his particular social group as Mexi- can public transportation drivers who were forced to give rides to gang members for free. In 2007, he left Mexico for Florida because such gang members forced him to work for them against his will. He claims that he went to the police for help but that they would USCA11 Case: 21-11315 Date Filed: 03/08/2022 Page: 3 of 8 21-11315 Opinion of the Court 3 not intercede due to fear of the gang. Jimenez-Hernandez stated that these gang members would hurt him if he did not comply, but he also testified that the gang members never actually hurt him. Jimenez-Hernandez further testified that the gang members kid- napped his father, also a driver, because they wanted to know Jimenez-Hernandez’s whereabouts. However, a police report de- scribed the incident as a carjacking, not a kidnapping. In support of his application for CAT relief, Jimenez-Her- nandez submitted evidence and further testified during the hearing with the IJ. On one hand, he submitted an affidavit stating that he did not fear persecution or torture if he returned to his country of citizenship. But on the other hand, during his hearing, Jimenez- Hernandez testified that the government acquiesced in the com- plained of gang violence. He also submitted the 2016 Country Conditions Report for Mexico which provided that the govern- ment was fighting against corruption and gangs. However, the government’s action against gangs was further demonstrated by evidence showing that the perpetrators of the carjacking—whom Jimenez-Hernandez maintained were gang members—served nine months in jail as …
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