Danilo Antonio Landaverde v. U.S. Attorney General


Case: 19-14377 Date Filed: 09/29/2020 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-14377 Non-Argument Calendar ________________________ Agency No. A205-475-692 DANILO ANTONIO LANDAVERDE, LUCILA ALAS-RAMOS, CARMEN SERRANO-RAMOS, ROSA LANDAVERDE-ALAS, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (September 29, 2020) Before JORDAN, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: Case: 19-14377 Date Filed: 09/29/2020 Page: 2 of 11 Danilo Landaverde petitions this Court to review the Board of Immigration Appeals order affirming the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We dismiss the petition in part and deny it in part. I. Landaverde, his wife, and their two daughters, all natives and citizens of El Salvador, entered the United States in June 2012 without inspection. The government initiated removal proceedings, alleging that Landaverde was removable for being present without a valid entry document. Landaverde conceded removability and applied for asylum and withholding of removal under the Immigration and Nationality Act and protection under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). 1 See 8 U.S.C. § 1158(a) (asylum); 8 U.S.C. § 1231(b)(3) (withholding of removal); 8 C.F.R. § 1208.16(c) (CAT). In support of his application, Landaverde stated that he came to the United States in 2005 to look for work, leaving his family in El Salvador with his wife’s parents. He returned to El Salvador in December 2011 after receiving a phone call threatening to kidnap and kill one of his daughters if he did not pay the caller 1 Landaverde’s wife, Lucila Alas-Ramos, and their daughters, Carmen Serrano-Ramos and Rosa Landaverde-Alas, are “riders” on his application for asylum. See 8 U.S.C. § 1158(b)(3)(A). They do not have independent claims for withholding of removal or protection under CAT. 2 Case: 19-14377 Date Filed: 09/29/2020 Page: 3 of 11 $10,000. Soon after he arrived in El Salvador, men came to his home and demanded the money. Landaverde recognized two of the men, Giovanni and Julio, who were known to be members of the Barrio 18 gang. When Landaverde told them that he did not have the money, they said that they would “disappear with [his] family.” On other occasions, gang members threw rocks at Landaverde’s house and banged on the door, demanding that he come out and threatening to kill him and his family. Aside from intimidating them, the gang did not harm Landaverde or anyone in his immediate family. Landaverde testified that after a couple of months, he reported the gang’s threats to the police. According to Landaverde, the police refused to take his statement, telling him that too many people made the same complaints but “nothing happens.” Soon after Landaverde made his complaint, Giovanni came to his house and told him that the gang had paid off the police, and that because Landaverde had gone to the authorities, ...

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