NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0109n.06 No. 18-3585 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED BRENDA YADIRA CAZARES-HERNANDEZ, ) Mar 08, 2019 ) DEBORAH S. HUNT, Clerk Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION WILLIAM P. BARR, Attorney General, ) APPEALS ) Respondent. ) ) Before: NORRIS, DAUGHTREY, and LARSEN, Circuit Judges. LARSEN, Circuit Judge. Brenda Cazares-Hernandez arrived at the United States from Mexico and sought admission. When the Department of Homeland Security began removal proceedings against her, Cazares-Hernandez conceded removability but applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge (IJ) denied Cazares-Hernandez relief and ordered her removed from the country. The Board of Immigration Appeals (BIA) affirmed. For the reasons stated, we DENY Cazares-Hernandez’s petition for review. I. In 2015, Cazares-Hernandez, a native and citizen of Mexico, arrived at a port of entry to the United States and applied for admission, claiming a fear of returning to Mexico.1 That day, 1 Cazares-Hernandez’s daughter, Yatziry, came with her to the United States. Yatziry’s case is proceeding separately from Cazares-Hernandez’s. No. 18-3585, Cazares-Hernandez v. Barr the Department of Homeland Security served Cazares-Hernandez with a Notice to Appear, claiming that she was an immigrant not in possession of a valid visa or entry document. While conceding removability, Cazares-Hernandez filed an application for asylum, withholding of removal, and protection under the Convention Against Torture. In support of her application, Cazares-Hernandez testified that her brother had been kidnapped by a gang in 2014 (and presumably murdered, since he has not been seen since the kidnapping) and that a gang member threatened to do the same to her if she did not leave the country. Cazares-Hernandez also testified that she feared that her former boyfriend, Jose, who is currently in jail in Mexico, would harm her if she returned. According to Cazares-Hernandez, Jose was violent with her four times in the past and had recently told her by text message that he was furious that she took their daughter to the United States. Based on these events, she claimed past persecution or a well-founded fear of future persecution due to her purported membership in two social groups—family members of victims of cartel violence who have likewise been threatened, and Mexican women who have suffered domestic violence and who are unable to leave the relationship. The IJ denied Cazares-Hernandez’s claims for asylum, withholding of removal, and protection under the Convention Against Torture, and ordered her removed from the country. Cazares-Hernandez appealed to the BIA, but the BIA dismissed her appeal. The BIA found various flaws in Cazares-Hernandez’s asylum and withholding claims, including that the threat from the gang was not “harm rising to the level of persecution,” and that she had not shown that she was unable to leave the relationship with her ex-boyfriend. The BIA also found that Cazares- Hernandez abandoned her claim under the Convention Against Torture by not meaningfully challenging ...
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