Ana O-O v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-3160 _____________ ANA MARGARITA O-O, M.D. R-O, Petitioners v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent _______________________ On Petition for Review of an Order of the Board of Immigration Appeals Agency Nos. A208-446-964, A208-446-965 Immigration Judge: Honorable John B. Carle _______________________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) June 14, 2018 Before: SMITH, Chief Judge, CHAGARES and FUENTES, Circuit Judges (Opinion Filed: July 26, 2018) _______________________ OPINION _______________________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. SMITH, Chief Judge. Ana Margarita O-O (Ana) and her minor child M.D. R-O (M.D.) petition for review of a decision by the Board of Immigration Appeals (BIA) dismissing an appeal from the Immigration Judge’s (IJ) denial of asylum and withholding of removal.1 For the reasons that follow, we will deny the petition. I. Ana is a native and citizen of El Salvador. In 2015, she was served with a Notice to Appear charging her as an alien present in the United States without being admitted or paroled. She conceded removability and applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). During a hearing before an IJ, Ana testified that her daughter had been born in 2012, when Ana was sixteen. From the time of her daughter’s birth until she left for the United States in 2015, Ana lived in El Salvador with her maternal grandfather, who was elderly and suffered medical problems. Because she and her grandfather were unemployed, they depended upon money sent by Ana’s father, who lives in the United States. Ana and her grandfather typically went together to pick up the monthly checks, while Ana would handle household chores like paying bills and shopping. 1 Because M.D. is a rider on Ana’s petition, this opinion will hereafter refer only to Ana as the petitioner. The IJ’s decision notes that M.D. filed her own application for asylum, which the IJ addressed in a separate opinion. JA 08 at n.1. That decision is not before us. 2 In 2014, Ana received a threatening message from an unknown phone number. The unidentified individual indicated that he was contacting her on behalf of the Mara-18 gang and demanded that she pay them $1,000. Ana did not pay the $1,000, nor did she have access to such an amount. Although she initially thought the message was a joke, threatening calls persisted for six months, occurring as often as ten times per month. According to Ana, she thought gang members were targeting her “[b]ecause [she] was . . . a single woman.” JA 83. The calls stopped for a period when Ana changed her phone number, but soon resumed at her new number. In June or July 2014, while Ana was shopping, someone threw rocks at her home, breaking roof tiles and destroying the roof. Gang members later claimed responsibility, telling Ana it was because she ...

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