USCA11 Case: 20-12916 Date Filed: 04/22/2021 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-12916 Non-Argument Calendar ________________________ Agency No. A208-151-942 MARIA CLEMENCIA DIEGO-FRANCISCO, GASPAR ALEXANDER GASPAR-DIEGO, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (April 22, 2021) Before JILL PRYOR, LUCK, and BRASHER, Circuit Judges. PER CURIAM: Maria Clemencia Diego-Francisco, on behalf of herself and her son Gaspar, both natives and citizens of Guatemala, seeks review of the Board of Immigration USCA11 Case: 20-12916 Date Filed: 04/22/2021 Page: 2 of 9 Appeals’s final order affirming the immigration judge’s denial of her application for asylum, withholding of removal, humanitarian asylum, and relief under the United Nations Convention Against Torture. Diego-Francisco challenges the agency’s findings that (1) the government rebutted the presumption that she has a well- founded fear of future persecution, (2) she is not eligible for withholding of removal, and (3) she has not met the standard for humanitarian asylum. Because substantial evidence supports those findings, we deny the petition. I. Diego-Francisco grew up in Guatemala with her parents and thirteen siblings. She belongs to a Mayan indigenous group Q’anjob’al and speaks only the Mayan language Kanjobal. When she was a child, her father would get drunk and beat his wife and children. Even when not drunk, he would force the children, from a very young age, to help with the farming, collecting firewood, and other strenuous chores. There was often too little to eat. And Diego-Francisco was only able to attend two years of school. As her brothers got older, three of them began to join their father in beating Diego-Francisco, her mother, and her sisters. Those beatings would happen two to three times a week. And Diego-Francisco’s brothers also raped her—two or three times. When Diego-Francisco was nineteen, she moved about a 45-minute walk from her family home to live with her partner—Mario Gaspar—and his parents, who she 2 USCA11 Case: 20-12916 Date Filed: 04/22/2021 Page: 3 of 9 refers to as her in-laws. She and Gaspar had their first child, a son, about a year later. Shortly after that, Gaspar left to find work in the United States so that he could support his budding family. Diego-Francisco and their son stayed in Guatemala. She continued to live with both of Gaspar’s parents until her father-in-law died a few months later. Then, for the next six or seven years, Diego-Francisco and her son lived alone with her mother-in-law. At no point during that eight-year period did Diego-Francisco’s father or brothers ever harm her. In fact, they had almost no interaction at all. Occasionally, a brother would stop by and “demand money,” but Diego-Francisco’s mother-in-law would shoo him away without problem. Diego- Francisco never even had to see or speak to any of them. Also, sometime after her father-in-law died, Diego-Francisco and her mother- in-law were forced to attend rallies and other events supporting …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals