NOT RECOMMENDED FOR PUBLICATION File Name: 22a0455n.06 No. 21-4105 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 10, 2022 ) DEBORAH S. HUNT, Clerk JIMMY SAGASTUME-HERNANDEZ, ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION MERRICK B. GARLAND, Attorney General, ) APPEALS Respondent ) ) ) Before: McKEAGUE, WHITE, and MURPHY, Circuit Judges. HELENE N. WHITE, Circuit Judge. Petitioner Jimmy Sagastume-Hernandez, a native and citizen of Honduras, seeks review of a Board of Immigration Appeals order denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. Because Sagastume-Hernandez has not shown an entitlement to relief, the petition is DENIED. I. Sagastume-Hernandez entered the United States without immigration documentation in July 2014. Shortly after, the Department of Homeland Security initiated removal proceedings against him. Sagastume-Hernandez conceded his removability on August 11, 2014, and again on August 10, 2016. He applied for asylum and withholding of removal based on his political opinion—“[o]pposition to the National Party in Honduras and support[] of the LIBRE Party”— and his alleged membership in three social groups: (1) “[f]amily members of LIBRE No. 21-4105, Sagastume-Hernandez v. Garland [Party] candidates running for office”; (2) “[f]amily members of Suyapa Jacqueline [Trejo Cardon]”—a cousin of Sagastume-Hernandez who successfully ran for mayor as a LIBRE Party candidate; and (3) “family members of that same [cousin] who publicly helped her campaign.” AR 99, 118-19. He applied for protection under the Convention Against Torture (CAT) on the same grounds. In February 2019, an immigration judge (IJ) held a hearing on Sagastume-Hernandez’s applications. Sagastume-Hernandez explained that he has supported the LIBRE Party since 2011. When asked why, Sagastume-Hernandez responded that “they had a good proposal for the country to help bring up the economy.” AR 124. Sagastume-Hernandez testified that in 2013, his cousin Suyapa Jacqueline Trejo Cardon (Cardon) ran for mayor of the Municipality of Macuelizo, in the Department of Santa Barbara, as the LIBRE Party candidate. She defeated the incumbent mayor, who was a member of the rival National Party. Sagastume-Hernandez told the IJ that he supported Cardon during this campaign by “telling people that she was a good candidate,” that “she was going to help people,” and that “she was going to open new places for jobs.” AR 127. Sagastume-Hernandez testified that during Cardon’s campaign, he was approached by “Elsa,” a member of the National Party, who offered him 500 lempiras to vote for the National Party candidate in the presidential race. He declined the offer and told Elsa that he “was not going to betray [his] party.” AR 128. According to Sagastume-Hernandez, after Cardon was elected, members of the National Party harassed her, warning her “that if she didn’t quit the position she was going to be killed and all her family.” AR 127. These threats led Cardon to step down as mayor, after which the former mayor reassumed power. -2- No. 21-4105, Sagastume-Hernandez v. Garland Sagastume-Hernandez also recounted an incident in March 2014 …
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