USCA11 Case: 21-11044 Date Filed: 03/21/2022 Page: 1 of 8 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-11044 Non-Argument Calendar ____________________ DENIA YAMILETH TOLEDO-ALVARADO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A206-184-370 ____________________ USCA11 Case: 21-11044 Date Filed: 03/21/2022 Page: 2 of 8 2 Opinion of the Court 21-11044 Before BRANCH, BRASHER, and TJOFLAT, Circuit Judges. PER CURIAM: Denia Toledo-Alvarado petitions this Court for review of the BIA’s denial of her application for asylum, withholding of re- moval, and Convention Against Torture (“CAT”) relief. Because she has not met her statutory burden of proof as to any of these forms of relief, we deny her petition. I. Ms. Toledo-Alvarado is a Honduran native and citizen, and she has two children, one who is a Honduran citizen and is cur- rently in immigration proceedings as well and another child who is a United States citizen. Ms. Toledo-Alvarado arrived at the Texas border in 2013. She was apprehended as soon as she crossed the border by DHS, and DHS commenced a removal proceeding in 2017. She was charged with being inadmissible under INA § 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i), for being in the United States without having been properly admitted. Before the immigration judge (“IJ”), Ms. Toledo-Alvarado admitted through counsel to the charges and conceded removabil- ity. She then filed a defensive application seeking asylum, with- holding from removal, and Convention Against Torture (“CAT”) relief. At the hearing, Ms. Toledo-Alvarado testified that she left Honduras because she wanted to “escape all the murders and vio- lence happening in [her] family.” She explained that the father of USCA11 Case: 21-11044 Date Filed: 03/21/2022 Page: 3 of 8 21-11044 Opinion of the Court 3 her oldest child used to beat her in Honduras, and she separated from him in 2000, around seven years before she left Honduras. She was robbed a few times, she said, but she never reported the robberies to the police in Honduras. She also testified to being raped in Honduras in 2006, which led to her contraction of HIV. She did not report the rape to the police either. She received med- ication twice for HIV in Honduras, but she said that she had to stop taking the medication there because she could not afford it. She has since received the proper medication in the United States on a regular basis, taking one pill each day. She was also raped again in Mexico during her journey to make it to the United States. Beyond her own difficult circumstances in Honduras, Ms. Toledo-Alvarado testified that six of her family members had been killed, including her four brothers, her father, and her nephew. She did not know why some of her family members were killed, while she explained that others of the killings were committed by a “bad family” of “criminals that . . . kill people.” Some of …
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