NOT RECOMMENDED FOR PUBLICATION File Name: 19a0315n.06 No. 18-3559 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ANGELICA YOLANDA CALEL PEREIRA; ) Jun 20, 2019 A.A.C.P., Minor Child, ) 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: BATCHELDER, SUTTON, and DONALD, Circuit Judges. ALICE M. BATCHELDER, Circuit Judge. Angelica Pereira and her minor daughter seek to avoid removal from the United States. Pereira applied for asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge denied her application on all of these grounds, and the Board of Immigration Appeals dismissed her appeal. She now petitions this court to review her claim. She argues that the Immigration Judge and Board of Immigration Appeals wrongly denied her application for asylum and her claim under the Convention Against Torture using erroneous legal standards, and that the Immigration Judge’s conclusion that Pereira failed to show she had a well-founded fear of future persecution in her native Guatemala was not supported by substantial evidence. No. 18-3559, Pereira, et al v. Barr Pereira’s application was evaluated under the proper legal standards in both instances, and we find that the record contains sufficient evidence to support the conclusion reached by the IJ and affirmed by the BIA. We DENY Pereira’s petition for review. I. Petitioner Angelica Yolanda Calel Pereira (“Pereira”) and her seven-year-old daughter, A.A.C.P., fled their home in Guatemala in 2015 and entered the United States in December of that year. They were detained, admitted without authorization, and conceded their removability. Once here, Pereira applied (both for herself and A.A.C.P.) for asylum, withholding of removal, and for relief under the U.N. Convention Against Torture (“CAT”). There is no dispute that Pereira experienced serious violence and hardship at the hands of local gangs in her native Guatemala. A gang member killed her mother several years ago, though Pereira remained in Guatemala for six years after that. Moreover, gang members repeatedly subjected Pereira to intimidation and harassment, both before and after her mother’s death. The Immigration Judge (“IJ”) denied Pereira’s applications for asylum, withholding of removal, and CAT protection. Pereira timely appealed the IJ’s decision to the Board of Immigration Appeals (“BIA”). The BIA dismissed Pereira’s appeal in its entirety. Pereira properly petitioned this court for review pursuant to 8 U.S.C. §§ 1252(a), (b)(2). II. Under 8 U.S.C. § 1252(a)(2)(D), our review of Pereira’s claim is limited to “constitutional claims or questions of law” raised by the petitioner. We review the BIA’s legal determinations de novo, Ali v. Ashcroft, 366 F.3d 407, 409 (6th Cir. 2004), and its factual findings for substantial evidence, Marku v. Ashcroft, 380 F.3d 982, 986 (6th Cir. 2004). While our review focuses on the BIA’s decision as a final agency determination, Shan Dong Lin v. Holder, 454 F. App’x 472, 474 -2- No. 18-3559, Pereira, et al v. Barr (6th ...
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