Esquibel-Segovia v. Garland


Case: 20-60890 Document: 00516393862 Page: 1 Date Filed: 07/14/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 14, 2022 No. 20-60890 Lyle W. Cayce Clerk Julio Cesar Esquibel-Segovia; Conzuelo Mejia-Guillen; Daniela Sarahi Esquibel-Mejia; Yolani Jazmin Esquibel- Mejia, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A208 982 686 BIA No. A208 449 553 BIA No. A208 449 554 BIA No. A208 982 685 Before Jones, Southwick, and Oldham, Circuit Judges. Per Curiam:* * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-60890 Document: 00516393862 Page: 2 Date Filed: 07/14/2022 No. 20-60890 Julio Cesar Esquibel-Segovia, his common-law wife Conzuelo Mejia- Guillen, and their two daughters, Daniela Sarahi Esquibel-Mejia and Yolani Jazmin Esquibel-Mejia, natives and citizens of Honduras, entered the United States without inspection. They petition for review of the Board of Immigration Appeals’s decision affirming the Immigration Judge’s denial of their claims for asylum, withholding of removal, and protection under the Convention Against Torture. We DENY the petition. FACTUAL AND PROCEDURAL BACKGROUND Petitioner Conzuelo Mejia-Guillen had a nephew, who was a part of a local gang in Honduras and stole cattle from another man by the name of German Pacheco. Pacheco found out that Freddy was responsible for the theft and sought to exact revenge by killing Freddy’s father. Freddy, though, was able to convince Pacheco that his father was actually named Juteno Medina, who was Petitioner Julio Cesar Esquibel-Segovia’s father-in-law. Mr. Medina was then killed by the police on the orders of Mr. Pacheco. Esquibel-Segovia and his family investigated Medina’s death and received information suggesting that police officers had been involved in the crime. As they continued to investigate, the family began receiving written threats. The letters threatened to kill the Petitioners if they did not disclose Freddy’s location. After receiving four letters, the Petitioners moved to a town several hours away, but continued to receive threatening letters at their new home. In September 2015, Mejia-Guillen and Daniela entered the United States without inspection. In October 2015, they were served with notices to appear and charged as inadmissible for want of valid entry documents pursuant to 8 U.S.C. § 1182(a)(7)(A)(i)(I). Esquibel-Segovia and Yolani entered the United States without being admitted or inspected in April 2016 2 Case: 20-60890 Document: 00516393862 Page: 3 Date Filed: 07/14/2022 No. 20-60890 and shortly thereafter were served with notices to appear for entering the United States without inspection under Section 1182(a)(6)(A)(i). The Petitioners filed applications with the immigration court for asylum, withholding of removal, and Convention Against Torture protection. In 2018, the Immigration Judge (“IJ”) issued an oral decision that found the Petitioners’ testimony credible but denied all relief. The IJ first rejected the Petitioners’ proposed grounds for asylum as non- cognizable. The IJ separately …

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