Claudia Yolibeth Padilla-Mejia v. U.S. Attorney General


USCA11 Case: 22-11909 Document: 20-1 Date Filed: 06/09/2023 Page: 1 of 10 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-11909 Non-Argument Calendar ____________________ CLAUDIA YOLIBETH PADILLA-MEJIA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A205-340-416 ____________________ USCA11 Case: 22-11909 Document: 20-1 Date Filed: 06/09/2023 Page: 2 of 10 2 Opinion of the Court 22-11909 Before JORDAN, ANDERSON, and EDMONDSON, Circuit Judges. PER CURIAM: Claudia Padilla-Mejia (“Petitioner”), a native and citizen of Honduras, petitions for review of the order by the Board of Immi- gration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”). The IJ’s decision denied Petitioner’s applications for asylum, for withholding of removal, and for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”). No reversible error has been shown; we deny the petition. I. Petitioner sought asylum and withholding of removal based on her alleged past persecution and fear of future persecution by gang members in Honduras. Petitioner says the gang’s mistreat- ment was and would be “on account of ” Petitioner’s membership in two proposed particular social groups: (1) the “Mendoza Padilla family;” and (2) “as a mother of two male children from Olancho, Honduras.” Petitioner also applied for relief under CAT. Before the incidents involved in this case, Petitioner lived in Olancho, Honduras, with Jose Francisco Mendoza: Petitioner’s boyfriend and the father of her child. In February 2010, members of the criminal gang “Maras” shot Mendoza in the shoulder after Mendoza refused to pay the gang “war taxes.” Petitioner was not present during the shooting. Mendoza reported the incident to the USCA11 Case: 22-11909 Document: 20-1 Date Filed: 06/09/2023 Page: 3 of 10 22-11909 Opinion of the Court 3 Honduran police. Sometime later, Mendoza fled to the United States. After Mendoza left Honduras, Petitioner began receiving -- through a family member -- threats from people she believed were members of the Maras gang. Petitioner says the gang members targeted her as “revenge” because they believed Petitioner was in- volved in reporting them to the police. In September 2011, Petitioner fled with her son 1 to Coma- yagua, Honduras. While living in Comayagua, Petitioner re- mained unharmed and received no threats, but says she “lived in fear” that gang members would find her. Petitioner left Honduras and entered the United States in March 2012. Petitioner’s son stayed in Honduras with Petitioner’s mother. No one in Peti- tioner’s family -- including Petitioner’s parents, brother, and son -- was threatened or harmed physically after Petitioner left Hondu- ras. Petitioner fears returning to Honduras because she says the gang members will try to kill her and her son. Although it has been over a decade since Petitioner left Honduras, Petitioner says the gangs will continue to target her because they have “dedicat[ed] themselves to kidnapping and killing people.” According to Peti- tioner, the Honduran government turns “a …

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