United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1060 ___________________________ Andrea Wences Godinez; Kelly Michell Wences Godinez, also known as Kelly Michelle Wences Godinez; Caleb Moises Wences Godinez; Victorina Godines Alarcon, also known as Victorina Godinez Alarcon lllllllllllllllllllllPetitioners v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: January 15, 2019 Filed: July 8, 2019 ____________ Before BENTON, MELLOY, and KELLY, Circuit Judges. ____________ MELLOY, Circuit Judge. Petitioner Andrea Wences Godinez (“Andrea”) and two of her children, Kelly and Caleb, along with Andrea’s mother, Victorina Godines Alarcon (“Victorina”), appeal the Board of Immigration Appeals’ (BIA) denial of asylum and withholding of removal. The BIA determined as a factual matter that the Petitioners did not experience past persecution or face the requisite risk of future persecution on account of a protected basis. Specifically, Andrea did not belong to the asserted “particular social group” of “women who are in abusive relationships in Mexico that they can’t leave,” and Victorina was not persecuted on account of her familial relationship with Andrea. The BIA also determined Petitioners could relocate within their home country. Because the record does not compel reversal of the BIA’s factual determinations, we affirm. I. Petitioners are natives and citizens of Mexico. On November 25, 2015, Andrea, Victorina, Kelly, and Caleb were apprehended at a port of entry between the United States and Mexico. They later conceded removability and sought asylum and withholding of removal based on the following facts as asserted in testimony and written declarations. Andrea had been in a relationship with a man named Jose. They lived together for seven months in 2010 at a location several hours away from Andrea’s hometown. Andrea became pregnant then fell ill during her pregnancy. She felt she was an unwelcome financial burden to Jose’s family. As a result, Andrea left Jose and returned to her hometown to live with her mother, Victorina. Kelly was born in March 2011. In May 2011, Andrea left for Tijuana to find work. There, she met a man named Diego and moved in with him. She discovered she was pregnant in October 2013. During the pregnancy, Diego hit her in the head and pushed her. She called the police, but in response to Diego’s begging, she did not speak to officers who responded. Later, Diego slapped her. Subsequently, Diego locked Andrea in the house, would not let her leave, and repeatedly raped her. Andrea eventually escaped, walked to a friend’s house, and called the police. The police did not take action -2- against Diego. Eventually she was able to obtain assistance with travel and reach her mother’s home. Jose had not attempted to contact Andrea after she left him and moved to Tijuana. In 2014, however, they renewed their relationship. Jose moved into Victorina’s home with Andrea while Andrea was still pregnant with Diego’s child, Caleb. After Andrea gave birth to Caleb, Jose deceived Andrea regarding the ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals