Jacinta Santos-Reyes v. U.S. Attorney General


Case: 18-12382 Date Filed: 03/21/2019 Page: 1 of 6 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-12382 Non-Argument Calendar ________________________ Agency No. A206-849-344 JACINTA SANTOS-REYES, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (March 21, 2019) Before WILSON, BRANCH, and HULL, Circuit Judges: PER CURIAM: Jacinto Santos-Reyes seeks review of her final order of removal that denied Case: 18-12382 Date Filed: 03/21/2019 Page: 2 of 6 her application for asylum and withholding of removal. The agency credited her testimony that she was raped in her home country of Honduras, but it found that she failed to establish a nexus between that act of persecution and a statutorily protected ground. Because Santos does not substantively challenge this or any other aspect of the final order, we deny her petition for review. Santos and her daughter1 immigrated to the United States from Honduras in 2014 without being admitted. The Department of Homeland Security promptly commenced removal proceedings against them. Santos timely applied for asylum, withholding of removal, and withholding of removal under the Convention Against Torture (“CAT”) based on membership in a particular social group, which she defined as Honduran women who have been the victims of gang violence in particular sexual assault and because Honduran society views women as less important than men, they are not given protection by the police or their government and are at risk of further victimization. In her application, Santos described how she had been raped at gunpoint on the streets of Honduras in 2014. She stated that she feared that if she returned, she would again be the victim of violence because “the police and authorities do absolutely nothing especially when [it] is a crime against a woman.” She also 1 Her daughter, who was 13 years old when she entered the United States, was a party to all of the agency proceedings. In this Court, however, her daughter (now an adult) has neither filed a petition for review nor joined Santos’s. 2 Case: 18-12382 Date Filed: 03/21/2019 Page: 3 of 6 feared that her young daughter would similarly be raped or even killed. Santos included with her application the U.S. State Department’s Human Rights Report for Honduras for 2013, which noted, “Rape was a serious and pervasive societal problem that permeated all facets of society,” and “Violence against women and impunity for perpetrators continued to be a serious problem.” She also included a report from the Center for Gender & Refugee Studies discussing the widespread occurrence of murder and rape of women in Honduras, a news report describing the corruption of the Honduran police, a sworn statement from her husband, and a copy of her police report of the rape. At her removal hearing in 2017, Santos testified about her rape, detailing how she was assailed by three hooded, armed men while returning home from classes one afternoon. They ordered her to get ...

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