Evelyn Hernandez-Guillen v. Jefferson B. Sessions, III

United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1865 ___________________________ Evelyn Areceli Hernandez-Guillen lllllllllllllllllllllPetitioner v. Jefferson B. Sessions, III, United States Attorney General, lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: April 13, 2018 Filed: June 1, 2018 [Unpublished] ____________ Before GRUENDER, BENTON, and GRASZ, Circuit Judges. ____________ PER CURIAM. Evelyn Areceli Hernandez-Guillen (“Hernandez”), a citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (the “Board”). An immigration judge (“IJ”) denied her application for withholding of removal, and the Board affirmed, ordering her removal. In 2005, Hernandez was detained for illegally entering the United States near Brownsville, Texas. Officials charged her as removable and served her with a notice to appear before an IJ at a date to be set later. Because it was unable to detain Hernandez for a longer term due to lack of camp space, the Border Patrol released her with instructions to provide an address to the Immigration Court in Harlingen, Texas. Hernandez failed to provide an address to the Immigration Court, and a month later an IJ ordered her removed in absentia. In 2011, Hernandez was convicted in a Minnesota state court of being an accessory after the fact to arson. United States Immigration and Customs Enforcement placed her under an Order of Supervision. In 2012, Hernandez filed an application for asylum and withholding of removal. She attached an affidavit explaining that she feared harm from her ex-husband should she return to El Salvador. In written pleadings, Hernandez corrected her home country from Honduras to El Salvador but otherwise admitted the factual allegations and charge contained in the 2005 notice to appear. She also subsequently narrowed her requested relief to withholding of removal alone. At a hearing on February 22, 2016, Hernandez described three instances where she alleged her ex-husband slapped her in the face, with the first instance occurring only three months after they were married. The third time, he injured her eye with his finger, and her eye became bloody and swollen for several days. She told her parents about the abuse after the second incident, but she never told the police. She explained that she did not believe the police would help her because she heard about an incident five years prior where her uncle hit her aunt, her aunt told the police, and the police did nothing. Hernandez testified that she fled to the United States and, after about a year, decided that she wanted a divorce. She further testified that the only contact with her ex-husband since she fled and decided to divorce him occurred in the United States, -2- when he gave her and a friend a ride home from work. He allegedly crashed into three cars while driving in the snow, and then ran away. After about seven years of attempts, her lawyer obtained the divorce and Hernandez received sole physical and legal custody of their son. Her son resides ...

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