Henry Cazares-Zandre v. U.S. Attorney General


Case: 18-10227 Date Filed: 10/31/2019 Page: 1 of 21 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-10227 Non-Argument Calendar ________________________ Agency No. A200-233-196 HENRY CAZARES-ZANDRE, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ No. 18-12713 Non-Argument Calendar ________________________ Agency No. A200-233-196 HENRY CAZARES-ZANDRE, Petitioner, versus Case: 18-10227 Date Filed: 10/31/2019 Page: 2 of 21 U.S. ATTORNEY GENERAL, Respondent. ________________________ Petitions for Review of a Decision of the Board of Immigration Appeals ________________________ (October 31, 2019) Before NEWSOM, BRANCH, and JULIE CARNES, Circuit Judges. PER CURIAM: Henry Cazares-Zandre, a native and citizen of Honduras, brings these consolidated petitions for review. She 1 first seeks review of the Board of Immigration Appeals’s (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). She also seeks review of the BIA’s order denying her motion for reconsideration. For the following reasons, we dismiss in part and deny in part Cazares-Zandre’s petitions for review. I. BACKGROUND A. Cazares-Zandre’s Entry into the United States and 2015 Arrest 1 Cazares-Zandre, born biologically male, identifies as female. The parties and the immigration courts use female pronouns to refer to Cazares-Zandre. For ease of reference, we do the same. In addition, although her name has been spelled differently at various points in the record, she states in her briefing that Henry Cazares-Zandre is her preferred spelling. 2 Case: 18-10227 Date Filed: 10/31/2019 Page: 3 of 21 Department of Homeland Security (“DHS”) records indicate that Cazares- Zandre, a citizen and national of Honduras, entered the United States without admission or parole in 2005.2 Unfortunately, Cazares-Zandre’s time in the United States has involved numerous charges and arrests for offenses including cocaine possession, theft, prostitution, and assault on a custodial officer. But one arrest and conviction are relevant here. A Maryland police report from April 2015 reveals the following. A patron at a restaurant believed that Cazares-Zandre had taken his cell phone, and an argument ensued. Cazares-Zandre reached into her purse and pulled out a kitchen knife. She approached the patron and the restaurant owner, who had tried to deescalate the situation. Cazares-Zandre made death threats while pointing the knife, and the owner protected himself and the patron with a bar stool. The responding officer “immediately recognized [Cazares-Zandre] from previous incidents.” When the officer attempted to detain Cazares-Zandre, she was belligerent, uttering death threats and curse words and trying to bite the officer’s arm. Cazares-Zandre scratched the officer’s arms with her nails while he handcuffed her. Cazares-Zandre continued to resist, kicking and spitting at the officers on the scene. While being transported to jail, Cazares-Zandre tried to bite the officer who was driving—nearly causing the officer to lose control of the 2 Cazares-Zandre later testified that she arrived in 2009. 3 Case: 18-10227 Date Filed: 10/31/2019 Page: 4 of 21 vehicle. At the same time, Cazares-Zandre began to kick the front windshield, causing it to crack. Cazares-Zandre scratched another officer, ...

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