Amelia Bravo-Domingo v. William P. Barr


NOT RECOMMENDED FOR PUBLICATION File Name: 20a0190n.06 Case No. 19-3664 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 02, 2020 AMELIA BRAVO-DOMINGO, PRICILA ) DEBORAH S. HUNT, Clerk BRAVO-DOMINGO, and EXAIDA PEREZ- ) BRAVO, ) ) ON PETITION FOR REVIEW Petitioners, ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION v. ) APPEALS WILLIAM P. BARR, Attorney General, ) Respondent. ) BEFORE: NORRIS, DONALD, and NALBANDIAN Circuit Judges. BERNICE BOUIE DONALD, Circuit Judge. Petitioner Amelia Bravo-Domingo,1 along with her two children, seek an order from this Court holding that error was committed below when the Board of Immigration Appeals affirmed the holding of an immigration judge denying her petition for asylum, request for withholding of removal, and protection under the Convention Against Torture. The immigration judge dismissed Amelia’s petition for asylum and withholding of removal for failure to provide sufficient evidence that she suffered persecution or had a well- founded fear of persecution on the account of her membership in a particular social group. The immigration judge denied Amelia’s request for protection under the Convention Against Torture 1 We will refer to Amelia Bravo-Domingo using her first name, as there are two Petitioners with the same surname. Case No. 19-3664, Bravo-Domingo v. Barr due to her failure to show that the Guatemalan government either perpetuates or acquiesces in any human rights violations against persons similarly situated to her or her children and her failure to present sufficient evidence that she would be unable or even attempted to relocate to another part of Guatemala where she and her family would be free from harassment or gangs. The Board of Immigration Appeals affirmed and adopted the rulings and reasonings of the immigration judge, except it made no determination under the Convention Against Torture regarding Amelia’s ability or efforts to relocate safely. Because we find that Amelia does not present sufficient evidence tying allegations of past or future persecution to her membership in a particular social group or demonstrating the Guatemalan government perpetuates or acquiesces to rights violation of the kind Amelia alleges, we DENY the petition for review. I. Factual Background The following facts are based on Amelia’s testimony at her hearing before an immigration judge (“IJ”) in January 2011. Amelia was born in Culico, Guatemala, in January 1984. She has two children and lives in Memphis, Tennessee, with her husband and other family members. Amelia entered the United States with her two children on May 17, 2015, approximately ten years after her husband moved here. Her father and siblings still live in a Guatemalan village known as Las Pilas, where she also lived prior to coming to the United States. Amelia also has an uncle with “a lot of money” named Valentine Bravo, who lives close by in that same Guatemalan “town[.]” Admin. R. 114, 119, 147. Amelia testified that while living in Guatemala her uncle harmed and/or threatened her and her family. She further testified that the problems with her uncle started in 1996 and persisted until ...

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals