Sonia Rivas De Ortega v. Jefferson Sessions


Case: 17-60443 Document: 00514625263 Page: 1 Date Filed: 08/31/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-60443 August 31, 2018 Summary Calendar Lyle W. Cayce Clerk SONIA GUADALUPE RIVAS DE ORTEGA; JUAN FRANCISCO ORTEGA- HERRERA; ELIDA GUADALUPE ORTEGA-RIVAS; JUAN FRANCISCO ORTEGA-RIVAS; JERSON RODRIGO ORTEGA-RIVAS, Petitioners v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA Nos. A202 003 087 A202 003 088 A202 003 089 A202 003 090 A206 187 582 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. Case: 17-60443 Document: 00514625263 Page: 2 Date Filed: 08/31/2018 No. 17-60443 PER CURIAM:* Sonia Guadalupe Rivas De Ortega, Juan Francisco Ortega-Herrera, and their three children Elida Guadalupe Ortega-Rivas, Juan Francisco Ortega- Rivas, and Jerson Rodgrigo Ortega-Rivas, are natives and citizens of El Salvador. 1 They petition for review of the decision by the Board of Immigration Appeals (BIA) affirming the denial by the Immigration Judge (IJ) of their applications for asylum, withholding of removal, and protection under the Convention Against Torture. The crux of their petition is that when Ortega- Herrera served as a member of El Salvador’s Civil National Police, corrupt police officers began threatening him and his family when he failed to comply with their orders to tamper with an investigation, and they fear for their safety if they return to El Salvador. While we generally have authority to review only the BIA’s decision, we may review the IJ’s decision if the BIA adopts it. 2 Because the BIA adopted and elaborated upon the IJ’s decision, we consider both. The IJ determined that the petitioners were not entitled to relief because their accounts were not credible, and that regardless, they had failed to sustain their burdens of proof on their claims. An immigration court’s findings of fact are reviewed for substantial evidence. 3 This includes determinations that an alien is not eligible for asylum, * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 Rivas De Ortega’s application for asylum in December 2014 listed Ortega-Herrera and the three children as derivative beneficiaries. Ortega-Herrera and the children subsequently filed individual applications for withholding of removal and protection under the convention Against Torture. All of the petitioners raise virtually identical claims. 2 Wang v. Holder, 569 F.3d 531, 536 (5th Cir. 2009). 3 Id. at 536. 2 Case: 17-60443 Document: 00514625263 Page: 3 Date Filed: 08/31/2018 No. 17-60443 withholding of removal, or relief under the Convention Against Torture. 4 Under the substantial evidence standard, we may only reverse those findings if “the evidence was so compelling that no reasonable factfinder could conclude against it.” 5 The petitioners challenge the IJ’s adverse credibility determination on a number of grounds. We do not have jurisdiction to consider several of these grounds because they ...

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