Case: 19-60758 Document: 00515413106 Page: 1 Date Filed: 05/12/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-60758 May 12, 2020 Summary Calendar Lyle W. Cayce Clerk FIDENCIO MUNOZ-GRANADOS, also known as Fidencio Munoz, Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals Before SMITH, DENNIS, and DUNCAN, Circuit Judges. PER CURIAM: Fidencio Munoz-Granados, a native and citizen of Mexico, petitions for review of the dismissal by the Board of Immigration Appeals (BIA) of his appeal from the order by the immigration judge (IJ) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). He also seeks review of the denial by the BIA of his motion to remand. We deny the petition. I. At his hearing before the IJ on December 20, 2017, Munoz-Granados testified that he came to the United States as a teenager in 2003. Several years Case: 19-60758 Document: 00515413106 Page: 2 Date Filed: 05/12/2020 No. 19-60758 later, Munoz-Granados learned from his father, Jose Fidencio Munoz de Hoyos (“Jose”), who remained in Mexico as a flea market vendor and member of the Confederation of Mexican Workers, that a trio of unknown individuals had extorted and beat him around the time Munoz-Granados left for the United States. Jose paid the money and the threats ended. A similar event transpired in 2006. As before, Jose paid the demand to unidentified extortionists and the matter ended. Munoz-Granados then testified that around 2010 a drug cartel, Los Zetas, arrived in his home state of Coahuila. The Zetas began extorting 300 pesos per week from Jose as a quota for protection and the right to participate in the flea markets. 1 Jose’s fellow flea market vendors received similar treatment. After learning about the situation, Munoz-Granados, who had become a construction worker in Louisiana, began sending money to his family in Mexico to help cover expenses. At one point, around April 2014, the Zetas apparently beat Jose after he forgot to make his quota payments on time. According to Munoz-Granados, Jose responded by reporting the incident to the police, 2 after which the Zetas beat him again and destroyed his merchandise until another vendor interceded. Later, the Zetas told Jose they forgave him but would kill the first of his sons to return to Mexico. At this point Munoz-Granados became worried for his family and, because he was afraid to return to Mexico, applied for asylum in the United States. 1Three hundred pesos was equivalent, in 2010, to approximately $24 USD. Munoz- Granados explained that his father worked six days per week, earning an average of 1200– 2000 pesos per day. Thus, the quota represented approximately 3% of Jose’s average weekly earnings. 2 The record contains a copy of what Munoz-Granados identifies as Jose’s police complaint, dated April 8, 2014. However, the complaint only recounts economic extortion that began six months ...
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