Jaco v. Garland


Case: 20-60081 Document: 00516071113 Page: 1 Date Filed: 10/27/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 27, 2021 No. 20-60081 Lyle W. Cayce Clerk Gleidy Yessenia Jaco; Cristofer Alejandro Portillo Jaco, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A208 982 107 BIA No. A208 982 108 Before Jolly, Elrod, and Oldham, Circuit Judges. Jennifer Walker Elrod, Circuit Judge: Appellant Gleidy Yessenia Jaco is an immigrant from Honduras seeking asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Her child seeks derivative asylum. After both the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) denied her claims, Jaco filed a pro se petition for review from the BIA’s dismissal of her appeal and denial of her motion for reconsideration. We likewise deny her petition for review. Case: 20-60081 Document: 00516071113 Page: 2 Date Filed: 10/27/2021 No. 20-60081 I. Jaco left Honduras fleeing her former partner. According to Jaco, her former partner abused her and raped her repeatedly. Jaco did not report the domestic violence to the police due to his threats to kill her for doing so. But she did seek and obtain child support and a restraining order in October of 2014. According to Jaco, her former partner violated the restraining order, at one point by coming too close to her house and at another by stopping her at the grocery store to ask why she took him to court. In February of 2016, her former partner told her that he would kill her and her child if she did not return to him. Jaco did not do so and moved to another city. But when she returned for a day to her mother’s house, he confronted her again. He told her that he knows where she lives and that he will kill her if she does not return. Jaco decided to flee her former partner and Honduras. She and her child entered the United States in April of 2016. Although her former partner has not contacted her since she entered the United States, she has heard that he is upset with her leaving. Both her mother and a former neighbor reported that he is trying to figure out where she is and that he wants revenge. Since arriving in the United States, Jaco has a new partner from Mexico, with whom she has another child. As such, Jaco fears for the lives of her and her family if she is forced to return to Honduras. II. Gleidy Jaco and her child entered the United States without valid entry documents. DHS charged her with inadmissibility to and removability from the United States under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (INA). 8 U.S.C. § 1182(a)(7)(A)(i)(I). In response, Jaco applied for asylum, withholding of removal, and for protection under CAT. Her child sought derivative asylum. 2 Case: 20-60081 Document: …

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