NOT RECOMMENDED FOR PUBLICATION File Name: 19a0401n.06 No. 18-4029 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED EDWIN ROLANDO CARRILLO-CRUZ, ) Aug 02, 2019 ) DEBORAH S. HUNT,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: SUHRHEINRICH, CLAY, and DONALD, Circuit Judges. SUHRHEINRICH, Circuit Judge. Petitioner Edwin Rolando Carrillo-Cruz seeks review of a Board of Immigration Appeals (“Board”) decision affirming the immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and protection under the regulations implementing the Convention Against Torture (“CAT”). I. Carrillo-Cruz was born on August 1, 1982 in the city of Sipacapa, Guatemala, where he grew up with his parents and eight siblings. While growing up, Carrillo-Cruz witnessed government brutality and widespread violence. After spending two years in Guatemala City looking for work, he entered the United States illegally in May 2003, for economic reasons. The rest of his family still lives in Sipacapa. In 2005, the Marlin Mine, the subsidiary of a Canadian mining company, opened its first open pit to mine gold in Sipacapa. Sipacapa residents protested the mine. Carrillo-Cruz’s mother, No. 18-4029, Carrillo-Cruz v. Barr Santiaga Cruz Bautista, who operated a restaurant out of the family home, located near the local police station, was paid by Marlin Mine to feed the police who battled the protesters. According to Carrillo-Cruz, beginning in 2014, the anti-mine protesters threatened to burn Santiaga and her house because she refused to support the protesters. The protesters also told his mother that they would lynch Carrillo-Cruz, who financially supported the family, if he returned to Sipacapa. Santiaga filed an incident report with the local police. In January 2015, Santiaga closed the restaurant due to the threats. Three of Carrillo-Cruz’s siblings have also been threatened by the anti-mine protesters. His brother Tiburcio, a teacher, was threatened and detained in 2014 and 2016 by the protesters, because they wanted an educated local to join their cause. Both times local police rescued Tiburcio unharmed. Carrillo-Cruz’s brother Osmund also worked at the Marlin Mine as a driver, driving employees to and from the mine pits. On July 21, 2017, he was detained for three hours by anti- mine protesters and rescued by the police. Carrillo-Cruz’s sister Vilma worked at the mine as a secretary between 2010 and May 2017. She quit when she became pregnant because she feared that protesters, who sometimes pushed mine employees around, might harm her unborn child. The mine closed completely in 2017. On November 21, 2013, the Department of Homeland Security (“DHS”) initiated removal proceedings, charging Carrillo-Cruz with removability under 8 U.S.C. § 1182(a)(6)(A)(i), of the Immigration and Nationality Act (INA) as an alien who entered the United States without being admitted or paroled.1 Carrillo-Cruz admitted the allegations and conceded removability at a hearing. Thereafter Carrillo-Cruz sought asylum, withholding of removal, and CAT protection, claiming that he will be persecuted by “anti-miner protesters” ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals