Angeles Fernandez-Galvan v. Merrick Garland


NOT RECOMMENDED FOR PUBLICATION File Name: 21a0138n.06 Case No. 20-3601 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 16, 2021 DEBORAH S. HUNT, Clerk ) ANGELES ALICIA FERNANDEZ-GALVAN, ) ) ON PETITION FOR REVIEW Petitioner, ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION v. ) APPEALS ) MERRICK B. GARLAND, Attorney General, ) ) OPINION Respondent. ) BEFORE: McKEAGUE, GRIFFIN, and NALBANDIAN, Circuit Judges. McKEAGUE, Circuit Judge. Angeles Alicia Fernandez-Galvan, a 23-year-old native of Honduras, requests review of a Board of Immigration Appeals (BIA) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). She seeks asylum and withholding of removal based on a fear of persecution on account of her membership in the proposed social group of “Honduran children unable to extricate themselves from their fathers.” Because the BIA’s decision that the proposed social group lacks particularity is supported by substantial evidence in the record, we DENY her petition for review. I Fernandez-Galvan was born in Honduras in 1998. In November 2016, she and her younger brother fled Honduras because they feared abuse from their violent father. They entered the United States without inspection on December 8, 2016. On June 9, 2017, Fernandez-Galvan applied for Case No. 20-3601, Fernandez-Galvan v. Garland asylum, withholding of removal, and protection under the CAT based on her membership in the proposed social group of “Honduran children unable to extricate themselves from their fathers.” The immigration judge held a hearing regarding her application in January 2018. Fernandez-Galvan testified that while growing up in Honduras her father would drink heavily and yell at her, her siblings, and her mother. When Fernandez-Galvan’s mother left Honduras in 2014, her father became physically violent. In July 2015, her father struck her with a motorcycle helmet. Fernandez-Galvan did not report this incident to the police because the police “in Honduras [are] kind of corrupt, and they really don’t help in those kind[s] of cases,” and because her father knew attorneys and “people with important jobs in the country” who would have been able to help him. Later, in August 2016, Fernandez-Galvan’s father tried to hit her, but her older brother intervened and protected her. Later that night, someone sprayed pepper spray on her older brother’s face. Fernandez-Galvan does not know who did this, but she believes it was her father. In November 2016, Fernandez-Galvan’s father removed her belongings from the home. Fernandez-Galvan and her younger brother had nowhere to live, so they decided to leave Honduras and seek protection in the United States. She testified that she could not live with her grandmother in Honduras because her father had threatened to burn her grandmother’s house down. The immigration judge denied Fernandez-Galvan’s application for asylum and withholding of removal. He found that her proposed social group was not sufficiently particularized because “[t]he fact that children are subject to control from their parents is a reality of childhood in virtually a universal fashion;” that the group was amorphous because “people …

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