Alicia Coronado-Barrera v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 18-3446 _____________ ALICIA GUILLERMINA CORONADO-BARRERA, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review from an Order of the Board of Immigration Appeals (Board No. A200-239-874) Immigration Judge: Ramin Rastegar ______________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 12, 2019 ______________ Before: CHAGARES, JORDAN, and RESTREPO, Circuit Judges. (Filed: October 15, 2019) ______________ OPINION* ______________ * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. RESTREPO, Circuit Judge. Petitioner Alicia Guillermina Coronado-Barrera seeks review of a final order issued by the Board of Immigration Appeals (“BIA”). The BIA affirmed the Immigration Judge’s (“IJ”) denial of Petitioner’s application for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (“CAT”). The IJ found that Petitioner did not meet her burden to establish eligibility for asylum, withholding of removal, or CAT relief. We will deny the petition for review. I. Petitioner is a native and citizen of Guatemala. On August 1, 2011, she entered the United States with her brother. The Department of Homeland Security issued Petitioner a Notice to Appear (“NTA”) three days later. Petitioner admitted to the factual allegations in the NTA and conceded removability at a March 30, 2012 Master Calendar Hearing. That same day, she applied for asylum, withholding of removal, and CAT relief. Petitioner appeared at the Newark Immigration Court on May 11, 2017 for an Individual Merits Hearing. She testified that she was fearful of returning to Guatemala due to harm her family allegedly suffered at the hands of members of the Castaneda family. On March 13, 2007, Castaneda family members allegedly murdered Petitioner’s father. Petitioner’s brother was shot at in March or May 2011 by an unknown person. Between 2012 and 2016, Petitioner’s uncle and two cousins were murdered by unidentified individuals. One of Petitioner’s classmates—who was also a neighbor of the Castaneda family—asked Petitioner where she lives and told her of rumors that the 2 “Castaneda family wants to get even with her because they suspect that she was involved in the death of their family members.” A.R. 19. Towards the end of the Individual Merits Hearing, the IJ asked Petitioner why she did not secure corroboration from her brother, mother, aunts, cousin, or any other immediate family members. She acknowledged not obtaining statements or affidavits from these family members and provided no indication on whether she could obtain the requested corroboration. The IJ closed the hearing by indicating that “[t]here will be no more hearings” and he would “issue a written decision within 60 to 90 days” after “further review[ing] [Petitioner’s] testimony and the documents in the record.” A.R. 217. In a written decision dated October 16, 2017, the IJ found that Petitioner was credible but did not provide sufficient corroboration of her claim. Petitioner’s reasons for failing to provide letters or affidavits from family members were determined to be inadequate. ...

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