Dora Trochez Castellanos v. William Barr, U. S. At


Case: 19-60414 Document: 00515440983 Page: 1 Date Filed: 06/04/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-60414 June 4, 2020 Lyle W. Cayce DORA LIZETH TROCHEZ CASTELLANOS, Clerk Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A206 721 272 Before JOLLY, GRAVES, and DUNCAN, Circuit Judges. PER CURIAM:* Petitioner, Dora Lizeth Trochez Castellanos (“Trochez-Castellanos”), seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from the immigration judge’s (“IJ”) denial of her applications for asylum and withholding of removal. Trochez-Castellanos contends that the BIA erred when it adopted the IJ’s conclusion that she failed to establish past persecution or a well-founded fear of future persecution on account of her membership in * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 19-60414 Document: 00515440983 Page: 2 Date Filed: 06/04/2020 No. 19-60414 the particular social group, “family members of ex-MS gang members in Honduras.” For the reasons below, we DENY Trochez-Castellanos’s petition. I. Factual Background Trochez-Castellanos, a native and citizen of Honduras, and her minor daughter 1 entered the United States in April 2014 without having been admitted or inspected. An asylum officer determined that Trochez-Castellanos had demonstrated a credible fear of persecution or torture. After being charged with removability and given a Notice to Appear, Trochez-Castellanos filed applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). At an IJ’s hearing, Trochez-Castellanos testified that she came to the United States because she was afraid of the Mara Salvatrucha (“MS”) gang in Honduras. In 2010, she met and began living with her daughter’s father, Henry Ulloa. Trochez-Castellanos spent three years with her ex-partner, Ulloa, during which she noticed that he would leave for two to three days at a time and associate with MS gang members. In October 2013, Ulloa told Trochez- Castellanos that he was experiencing problems with the MS gang and that its gang members were going to kill him. Ulloa quit the MS gang and left Trochez- Castellanos without disclosing where he was going. Trochez-Castellanos has not heard from Ulloa since he left. Between October and December 2013, MS gang members approached Trochez-Castellanos on six occasions as she returned from work in the evenings to ask her about Ulloa’s whereabouts. Sometime in December 2013, two teenage MS gang members came to Trochez-Castellanos’s home and told her that since Ulloa betrayed the gang and could not be found, Trochez- Castellanos had to join the MS gang or otherwise she and her daughter would 1 The claims of Trochez-Castellanos’s daughter are not subject to this appeal. 2 Case: 19-60414 Document: 00515440983 Page: 3 Date Filed: 06/04/2020 No. 19-60414 be killed. Although Trochez-Castellanos could not see weapons on the two ...

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