Carmelino Gomez-Elias v. Attorney General United States


DLD-129 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-3450 ___________ CARMELINO GOMEZ-ELIAS; JUANA TEBALAN-CASTRO; MARGELY GOMEZ-TEBALAN; JOSUE ABIMAEL GOMEZ-TEBALAN, Petitioners v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency Nos. A208-180-087, A208-180-089, A208-180-094 & A208-180-095) Immigration Judge: Honorable Charles M. Honeyman ____________________________________ Submitted on a Motion for Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 February 27, 2020 Before: RESTREPO, PORTER and SCIRICA, Circuit Judges (Opinion filed: April 7, 2020) _________ OPINION* _________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 Carmelino Gomez-Elias, his wife, Juana Tebalan Castro, and two of their children petition for review of an order of the Board of Immigration Appeals (“BIA”), which affirmed the Immigration Judge’s (“IJ”) removal order. Because the petition presents no substantial question for review, we will grant the Government’s motion for summary action. Carmelino1 and his family are citizens of Guatemala. They entered the United States in September 2015 without proper entry documents. They applied for asylum and related relief, based on extortion and death threats against the family. Juana received a call on the family’s cell phone from a caller who identified himself as Luis Lopez. Luis threatened to kill her family unless she deposited 8000 queztals in a designated bank account. When Juana explained that she did not have the money, Luis stated that he knew that she had adult children in the United States and that she owned a business (she sold chickens and vegetables at a market stall) and so she must have money. Juana did not report the call to the police because Luis threatened to harm her family. Juana obtained loans from friends and paid part of the amount. Luis then called again and demanded the full amount. Juana got more loans and completed the payment. About a month later, Luis called again and demanded another 3000 queztals. He said that he would kill Juana’s family if she did not pay. Juana went to the police, who recommended that she deposit 50 queztals in the designated account so that they could track the payment. She did as the police requested. Luis called and threatened to finish off the 1 We will follow Petitioners’ lead and refer to the family members by their first names. 2 family if she did not complete the payment. The family fled to Carmelino’s brother’s ranch and then a few days later left for Mexico, and eventually the United States. The family has not directly received more threats, but extended family members that live near their home in Guatemala reported that armed men had entered their home looking for them and shooting. In immigration proceedings, the IJ found Carmelino and Juana credible.2 But the IJ denied relief, finding no nexus between threats against the family and any protected status. In particular, the IJ ...

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