NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 20-1344 ______________ MARTHA LUCIA YUNGA-TENECELA, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA ______________ On Petition for Review of Orders from the Department of Homeland Security and the Executive Office for Immigration Review (A098-916-788) Immigration Judge: Carrie C. Johnson-Papillo ______________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) November 9, 2020 BEFORE: HARDIMAN, GREENBERG, and SCIRICA, Circuit Judges (Filed: November 16, 2020) ____________ OPINION * ______________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. HARDIMAN, Circuit Judge. Martha Lucia Yunga-Tenecela petitions for review of an immigration judge’s final order of removal based on her negative reasonable fear determination. We will deny the petition. I A citizen of Ecuador, Yunga-Tenecela was apprehended in Arizona after she entered the country illegally in 2005. An immigration judge ordered her removal to Ecuador on June 17, 2005. The following year, Yunga-Tenecela again entered the United States illegally and remained here until she returned to Ecuador in January 2013. Yunga- Tenecela tried to reenter the country illegally a third time on March 15, 2015, but was apprehended immediately near Rio Grande City, Texas. The Department of Homeland Security reinstated the June 17, 2005 removal order under 8 U.S.C. § 1231(a)(5). Yunga-Tenecela expressed fear of returning to Ecuador, so she was interviewed by a DHS asylum officer. She told the asylum officer that she feared her ex-boyfriend, Juan Nieves, would kill her if she returned to Ecuador. Yunga-Tenecela began dating Nieves in 2008, while living in the United States Nieves was deported to Ecuador in 2012, but the couple reunited when Yunga-Tenecela returned to Ecuador in 2013. The couple had one child together while in the United States and had another child in Ecuador. Yunga- Tenecela left Ecuador in 2015 after her relationship with Nieves deteriorated. Nieves became violent towards Yunga-Tenecela; he would slap her and threaten to kill her and her children because he wanted to see other women and to hide the fact that he had a family with her. After separating from Nieves, Yunga-Tenecela was robbed and 2 threatened by two men, and in 2019 two men told her mother they would kill Yunga- Tenecela if she returned to Ecuador. Yunga-Tenecela believes that Nieves was behind the robbery and the recent incident with her mother. The asylum officer found Yunga-Tenecela credible, but made a negative reasonable fear determination because Yunga-Tenecela failed to show that any persecution she might suffer in Ecuador would be on the basis of a protected characteristic or that she would be subject to torture by or with the acquiescence of a public official. At Yunga-Tenecela’s request, the IJ held a hearing to review the asylum officer’s negative reasonable fear determination. At the start of the hearing, Yunga-Tenecela’s counsel requested an adjournment so she could submit a police report being sent from Ecuador that recounted the threats made to Yunga-Tenecela’s mother. The IJ ...
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