USCA11 Case: 20-10176 Date Filed: 01/04/2021 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20–10176 Non-Argument Calendar ________________________ Agency No. A208-195-523 ESWARD RONALDO GOMEZ ACEITUNO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________________ Petition for Review of a Decision of the Board of Immigration Appeals ____________________________ (January 4, 2021) Before NEWSOM, BRASHER, and ANDERSON, Circuit Judges. PER CURIAM: The Board of Immigration Appeals denied Esward Ronaldo Gomez Aceituno’s application for asylum, 8 U.S.C. § 1158(b)(1)(A), and for withholding USCA11 Case: 20-10176 Date Filed: 01/04/2021 Page: 2 of 9 of removal under the Immigration and Nationality Act, 8 C.F.R. § 208.16(c)(2). Gomez Aceituno petitioned this Court for review. After considering the briefs, this Court denies the petition. I. BACKGROUND In December 2015, Gomez Aceituno—a citizen and native of Guatemala— attempted to enter the United States without valid entry documents, violating INA § 212(a)(7)(A)(i)(I). 8 U.S.C. § 1182(a)(7)(A)(i)(I). He applied for asylum and withholding of removal and had an individual merits hearing in Tacoma, Washington. At the merits hearing, Gomez Aceituno testified that his father had been a Guatemalan police officer who investigated gangs and corrupt politicians. Around eight years earlier, his father had been killed after receiving threats from former police officers who he had arrested for corruption. Gomez Aceituno did not know exactly what the threats were, who had killed his father, or why they had killed him. Around four years later, Gomez Aceituno’s maternal uncle received threats for unknown reasons, and an unknown person killed him. “[S]ome police” then “threatened” both of Gomez Aceituno’s older brothers for unknown reasons, causing one of the brothers to leave Guatemala the next year. Another year later, an unknown 2 USCA11 Case: 20-10176 Date Filed: 01/04/2021 Page: 3 of 9 person shot at the other older brother’s house, prompting that brother to leave Guatemala as well. After yet another year passed—now around seven and a half years after the death of Gomez Aceituno’s father—Gomez Aceituno went to a concert. Walking home around two in the morning, he was assaulted by five unknown members of an unidentified gang. The gang members punched him in the face, kicked him, threatened him, and robbed him. They did not mention his family. About a month later, an unknown person called Gomez Aceituno, threatening him with death unless he paid the caller 5,000 quetzals. Gomez Aceituno did not recognize the caller’s voice, and the caller did not mention his father. But Gomez Aceituno believed that it was the same “individual that killed [his] father and [his] uncle and the one[] that threatened [his] brothers” because the caller had “called [him] by [his] name, and it’s logic.” Shortly after that call, Gomez Aceituno left Guatemala. His younger brother, girlfriend, and soon-to-be-born child, all remained and continue to live in Guatemala. Nothing in the record suggests that they have experienced any mistreatment since Gomez Aceituno left, although at least until April 2016, they did not “go out very much.” ...
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