Andres Quintero-Florentino v. William P. Barr


NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0523n.06 No. 18-4154 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Oct 16, 2019 ANDRES QUINTERO-FLORENTINO, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION WILLIAM P. BARR, Attorney General, ) APPEALS ) Respondent. ) BEFORE: MERRITT, DAUGHTREY, and GRIFFIN, Circuit Judges. PER CURIAM. Andres Quintero-Florentino petitions this court for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). As set forth below, we DENY Quintero-Florentino’s petition. Quintero-Florentino, a native and citizen of Mexico, entered the United States without inspection in January 2009. In August 2012, the Department of Homeland Security served Quintero-Florentino with a notice to appear in removal proceedings, charging him with removability as an alien present in the United States without being admitted or paroled. See 8 U.S.C. § 1182(a)(6)(A)(i). Quintero-Florentino appeared before an immigration judge (IJ) and conceded removability as charged. Quintero-Florentino filed an application for asylum and withholding of removal, asserting his membership in a particular social group, and for protection under the CAT. No. 18-4154, Quintero-Florentino v. Barr At the hearing on his application, Quintero-Florentino testified that his mother was threatened on three occasions by drug traffickers who were looking for her boyfriend because of his relationship with the wife of one of the drug traffickers. The first time, three drug traffickers asked Quintero-Florentino’s mother where to find her boyfriend and gave her a warning. The next week, the drug traffickers again approached Quintero-Florentino’s mother and demanded information about her boyfriend, threatening to take her son’s life or force him to be one of their soldiers. When his mother did not say anything, the drug traffickers threw her to the ground and said, “[T]he next time, it’s going to be your son’s life.” (A.R. 102). The third time, the drug traffickers forced Quintero-Florentino’s mother into a taxi and held her at gunpoint for several hours. The drug traffickers again threatened to take her son’s life if she did not give them her boyfriend’s contact information. After the drug traffickers obtained her boyfriend’s number from her phone, they released Quintero-Florentino’s mother after she promised that she would permit Quintero-Florentino to join their ranks, and she never saw them again. Quintero-Florentino, who did not have any direct contact with the drug traffickers, left Mexico shortly after his mother’s abduction. Quintero-Florentino testified that he is afraid to return to Mexico because he now has a family and fears harm to his children. At the conclusion of the hearing, the IJ denied Quintero-Florentino’s application for asylum, withholding of removal, and CAT protection but granted his request for voluntary departure. The IJ concluded that Quintero-Florentino had failed to establish eligibility for asylum based on his family membership, finding that his “relationship with his mother [was] secondary or incidental to the perceived harm, ...

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