Isaac Espana-Alonzo v. Attorney General USA


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 21-1282 _____________ ISAAC ESPANA-ALONZO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _______________ On Petition for Review of an Order of the Board of Immigration Appeals (BIA A216-220-958) Immigration Judge: Alice Song Hartye _______________ Submitted Under Third Circuit LAR 34.1(a) November 15, 2021 Before: AMBRO, JORDAN, and RENDELL, Circuit Judges (Filed November 18, 2021) _______________ OPINION _______________ JORDAN, Circuit Judge. Petitioner Isaac Espana-Alonzo suffered a terrible crime in his home country of Honduras. Unfortunately, he was unable to identify the assailants or their motives, and,  This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. because of that, he did not attempt to involve the authorities. Once in the United States, he submitted an application for asylum and withholding of removal, which was denied because he could not establish his membership in a particular social group, much less point to that membership as a reason for the attack. He also applied for protection under the Convention Against Torture (“CAT”), which was likewise denied because he could not show that governmental authorities would acquiesce or participate in torturing him if he returned to Honduras. Because we agree with those bases for denial, we will deny his petition for review. I. BACKGROUND Espana-Alonzo is a native and citizen of Honduras. He entered the United States in the fall of 2017 without being admitted or paroled, and the U.S. Department of Homeland Security (“DHS”) commenced removal proceedings against him. In those proceedings, Espana-Alonzo applied for asylum, withholding of removal, and protection under the CAT. He appeared pro se at the merits hearing in his case and answered questions from the Immigration Judge (“IJ”) and a DHS attorney.1 Most notably, he testified that, when he was living in the city of San Pedro Sula in 2016, he was cornered by three armed, masked men in a store. They asked him if he was homosexual, which he denied. They then insulted him with “words that [we]re too big and inappropriate” for Espana-Alonzo to repeat to the IJ. (A.R. at 117.) He tried to walk away, but they robbed him, and one of them raped him, leaving him laying on the floor. 1 Espana-Alonzo’s preferred language is Spanish, and a Spanish interpreter assisted at his merits hearing and all prior hearings. 2 He eventually left San Pedro Sula and went back to his hometown, Copan, where he lived with his family for another year before traveling to the United States. After the hearing, the IJ denied Espana-Alonzo any relief. His appeal, filed by counsel, was dismissed by the Board of Immigration Appeals (“BIA”). He now petitions for review of the denial of asylum and CAT protection. II. DISCUSSION2 A. Asylum We see no errors in the IJ’s and BIA’s decisions that Espana-Alonzo did not demonstrate past persecution “on account of” his membership in a particular social group (“PSG”).3 Before the IJ, Espana-Alonzo’s …

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