NOT RECOMMENDED FOR PUBLICATION File Name: 22a0459n.06 Case No. 21-4190 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 16, 2022 JOSE WILLIAN GARCIA-DOMINGUEZ, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION MERRICK B. GARLAND, Attorney General, ) APPEALS Respondent. ) ) OPINION ____________________________________/ Before: GUY, WHITE, and LARSEN, Circuit Judges. RALPH B. GUY, JR., Circuit Judge. Petitioner, a native and citizen of El Salvador, entered the United States unlawfully, conceded inadmissibility, and seeks review of the decision denying his applications for asylum and withholding of removal. Concluding that the petition has not identified anything that compels a contrary result, the petition for review is denied. I. In March 2014, petitioner Jose Willian Garcia-Dominguez entered the United States by crossing the border into Texas without a valid entry document and was taken into custody the same day. Although petitioner initially indicated that he was not afraid to return to El Salvador, he stated in a later credible fear interview that he was afraid of harm from gang members if he were to return to El Salvador. After the Department of Homeland Security (DHS) initiated removal proceedings Case No. 21-4190, Garcia-Dominguez v. Garland in April 2014, petitioner conceded inadmissibility and applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). In February 2019, at a merits hearing before an Immigration Judge (IJ), Garcia-Dominguez testified that he was a member of the ARENA (Alianza Republicana Nacionalista) political party and had passed out flyers in support of the ARENA party approximately seven times. Petitioner conceded that he received no threats while passing out flyers supporting the ARENA party. He was first threatened on February 2, 2014, while serving as a watchman for an election and checking voting identification documents. While performing those duties, another watchman who supported the FMLN (Frente Farabundo Marti para la Liberacion Nacional) political party asked petitioner to let MS-13 gang members vote for FMLN without proper identification. When petitioner refused, two gang members threatened him and then left. Security came and escorted petitioner home. A few days later, petitioner received a phone call warning him to let the MS-13 gang members vote or else he would be killed. The caller also said petitioner would be forgiven if he joined the gang. Petitioner believed that the caller wanted him to join the MS-13 gang because he lived in an area controlled by the rival MS-18 gang. On February 10, 2014, petitioner made a report of those threats to the police and his report was processed. A few days later, on February 13, 2014, armed gang members appeared at petitioner’s house, stating that they knew about the police report and that they wanted to kill him. Petitioner, who was in another town at the time, testified that he believed corrupt police told the gang that he had made the report. Petitioner left El Salvador the next day. Petitioner believed he …
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