Case: 20-60478 Document: 00516225741 Page: 1 Date Filed: 03/04/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 4, 2022 No. 20-60478 Summary Calendar Lyle W. Cayce Clerk Blanca Azucena Gregorio-Osorio; Diego Fernando Gregorio-Osorio, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A209 290 702 BIA No. A209 290 703 Before Davis, Jones, and Elrod, Circuit Judges. Per Curiam: Blanca Azucena Gregorio-Osorio, 1 a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing appeal from an order of the Immigration Judge (IJ) denying 1 Gregorio-Osorio is the lead petitioner; her minor son, Diego Fernando Gregorio- Osorio, is included as a derivative respondent on his mother’s application. Case: 20-60478 Document: 00516225741 Page: 2 Date Filed: 03/04/2022 No. 20-60478 applications for asylum and withholding of removal and denying an alternative motion to remand for consideration of voluntary departure. Gregorio-Osorio argues that she suffered persecution and that she has a well- founded fear of future persecution based on her anti-police corruption political opinion and her membership in various particular social groups. We review only the BIA’s decision “unless the IJ’s decision has some impact on the BIA’s decision.” Wang v. Holder, 569 F.3d 531, 536 (5th Cir. 2009). Further, we review the BIA’s legal conclusions de novo and its factual findings under the substantial evidence standard, meaning that the findings must be based on the evidence and be substantially reasonable. Orellana- Monson v. Holder, 685 F.3d 511, 517-18 (5th Cir. 2012). Whether an alien has demonstrated eligibility for asylum or withholding of removal is a factual determination that we review for substantial evidence. Chen v. Gonzales, 470 F.3d 1131, 1134 (5th Cir. 2006). Gregorio-Osorio has failed to show that the harm she suffered in Guatemala rises to the level of persecution or that she has a well-founded fear of future persecution on account of a protected ground. See 8 U.S.C. § 1158(b)(1); see also 8 C.F.R. § 1208.13(b)(2)(ii); Changsheng Du v. Barr, 975 F.3d 444, 447-48 (5th Cir. 2020). Because Gregorio-Osorio has failed to demonstrate her entitlement to asylum, she has also failed to demonstrate her entitlement to withholding of removal. See Dayo v. Holder, 687 F.3d 653, 658- 59 (5th Cir. 2012). An alien may be permitted to voluntarily depart the United States at the conclusion of removal proceedings if, among other things, she has been physically present in the United States for a period of at least one year immediately preceding the date on which she was served with a notice to appear. 8 U.S.C. § 1229c(b)(1)(A). In this case, the BIA relied on Matter of Mendoza-Hernandez, 27 I & N Dec. 520 (BIA 2019), for the proposition that 2 Case: 20-60478 Document: 00516225741 Page: 3 Date Filed: 03/04/2022 No. 20-60478 service of a notice of hearing containing the date and time of an alien’s hearing cures a …
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