Case: 19-11711 Date Filed: 05/04/2020 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-11711 Non-Argument Calendar ________________________ Agency No. A216-274-390 KENNETH CRISTIAN AZURDIA-HERNANDEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (May 4, 2020) Before JORDAN, NEWSOM, and EDMONDSON, Circuit Judges. Case: 19-11711 Date Filed: 05/04/2020 Page: 2 of 11 PER CURIAM: Kenneth Azurdia-Hernandez (“Petitioner”), a native and citizen of Guatemala, petitions for review of the order of the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”). The IJ’s decision denied asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Because we conclude that the BIA and the IJ failed to give reasoned consideration to some of Petitioner’s claims, we grant the petition for review, vacate the BIA’s decision, and remand the case to the BIA for further consideration. I. Background Petitioner sought asylum and withholding of removal based on his membership in a particular social group (“immediate family members of his mother Orquidia Tamara Hernandez-Garcia”) and based on his religion (Evangelical Christian). 1 1 The IJ concluded that Petitioner’s proposed family-based particular social group is cognizable under the Immigration and Nationality Act; that issue is not before us on appeal. 2 Case: 19-11711 Date Filed: 05/04/2020 Page: 3 of 11 Petitioner alleged that in June 2012, he and his mother, Orquidia, were victims of a robbery theatrically staged by a “gang/cartel” called El Cartel del Golfo. The supposed robbers beat Petitioner and Orquidia and attempted to stab Petitioner in the stomach. During the attack, members of the cartel arrived, shouted Orquidia’s name, and shot at the robbers, causing the robbers to flee. The next day, a member of the cartel came to Petitioner’s family home and returned Petitioner’s and Orquidia’s stolen identification. Petitioner contends that the cartel staged the robbery -- and the cartel’s rescue of Petitioner and Orquidia -- so that Petitioner and Orquidia would be indebted to the cartel. In early 2013, the cartel approached Orquidia -- who worked as a bank manager -- at her place of work. In exchange for the cartel’s having saved Orquidia and Petitioner, the cartel demanded that Orquidia launder $10,000 a day for them. The cartel threatened to harm Orquidia or Petitioner if Orquidia refused to cooperate. Orquidia agreed to comply with the cartel’s demands but told them she could only process transactions up to the legal limit of $3000 per day. The cartel told Orquidia to find a way to process more money; Orquidia refused to do so because of her religion. The cartel told Orquidia that they trusted her because of her religion. In November 2013, the bank terminated Orquidia’s employment -- the bank had discovered the money-laundering transactions. 3 Case: 19-11711 Date Filed: 05/04/2020 Page: 4 of 11 Thereafter -- in 2014 and 2015 -- the cartel demanded that Petitioner and Orquidia continue working for the ...
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