Case: 20-60013 Document: 00516145541 Page: 1 Date Filed: 12/27/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 27, 2021 No. 20-60013 Lyle W. Cayce Clerk Jose Irrael Guillen Cedio, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A201 743 131 Before King, Costa, and Willett, Circuit Judges. Per Curiam:* Jose Irrael Guillen Cedio petitions for review of the Board of Immigration Appeals’ decision denying him asylum. For the following reasons, the petition is denied. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-60013 Document: 00516145541 Page: 2 Date Filed: 12/27/2021 No. 20-60013 I. Guillen Cedio is a gay man from San Pedro Sula, Honduras, who entered the United States in March 2019. He expressed credible fear of persecution if he returned to Honduras and was referred to immigration court. Before the Immigration Judge (“IJ”), Guillen Cedio conceded removability; he then applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Guillen Cedio testified that, due to his sexual orientation, he was twice beaten by the police and received three threats from a local sect of the 18th Street gang (“Gang 18”). On January 5, 2018, Gang 18 delivered a handwritten letter to Guillen Cedio’s mother that warned that he would be tortured if he continued to violate the gang’s rule against being gay. Guillen Cedio brought this letter to two local police officers in a nearby patrol car. Those officers read the letter, laughed, and kicked Guillen Cedio for five minutes. Guillen Cedio reported that his injuries from this incident were “mild” and that he did not see a doctor. Then, on January 15, 2018, another patrol car stopped Guillen Cedio and his boyfriend. This time, five local officers exited the vehicle and kicked the two for around eight minutes, at which point, Guillen Cedio and his boyfriend were able to escape on foot. Guillen Cedio told the IJ that his arms and legs were scraped, but that he did not need to see a doctor. He stayed home for about a month to recuperate after this incident, and no further incidents occurred from January 15, 2018, through January 2019. In February 2019, Guillen Cedio received two more threatening letters from Gang 18. The first was received on February 1, which “warned [Guillen Cedio] about what [he] was not to do” and stated that he “knew the consequences that awaited [him].” Guillen Cedio did not take any action in response to the letter. On February 9, he received the last letter, which 2 Case: 20-60013 Document: 00516145541 Page: 3 Date Filed: 12/27/2021 No. 20-60013 warned that Guillen Cedio “had 24 hours to leave [his] house and leave the country.” After receiving the February 9 letter, …
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