Jose Enrique Ramos-Palomares v. U.S. Attorney General

Case: 17-12832 Date Filed: 04/03/2018 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-12832 Non-Argument Calendar ________________________ Agency No. A205-835-766 JOSE ENRIQUE RAMOS-PALOMARES, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (April 3, 2018) Before WILLIAM PRYOR, JORDAN, and ANDERSON, Circuit Judges. PER CURIAM: Jose Enrique Ramos-Palomares, through counsel, petitions this Court for review of the Department of Homeland Security’s decision denying him asylum and withholding of removal based on either a fear of persecution or the Convention Case: 17-12832 Date Filed: 04/03/2018 Page: 2 of 10 Against Torture (“CAT”). We dismiss the petition for lack of jurisdiction as to the asylum claim and deny the remainder of the petition. I A Mr. Ramos-Palomares is a native-born citizen of Mexico. Sometime in 1988 or 1989, Mr. Ramos-Palomares entered the United States without inspection. He has resided in the United States since that time. In 2013, the Department of Homeland Security served Mr. Ramos- Palomares with a Notice to Appear and charged him with inadmissibility as an alien present in the United States without admission or parole. See 8 U.S.C. § 1182(a)(6)(A)(i). Mr. Ramos-Palomares sought relief from removal on three grounds: (1) by applying for asylum, see 8 U.S.C. § 1158(a)(2)(B); (2) by seeking withholding of removal based on fear of persecution as a member of a protected group, see 8 U.S.C. § 1231(b)(3); and (3) by seeking withholding of removal under Article III of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Apr. 18, 1988, 112 Stat. 2681, 1465 U.N.T.S. 85. See also 8 C.F.R. § 1208.16. B Mr. Ramos-Palomares relies on essentially the same set of facts for all three of the arguments that he raised before the Department of Homeland Security and 2 Case: 17-12832 Date Filed: 04/03/2018 Page: 3 of 10 which he continues to press before us. We describe the facts as the Immigration Judge (“IJ”) and the Board of Immigration Appeals (“BIA”) accepted or assumed them. First, Mr. Ramos-Palomares presented evidence about the general conditions in Mexico—including regarding rising levels of violence and to the state’s capacity to respond to this violence. Second, Mr. Ramos-Palomares presented evidence of several incidents that befell his brother in law, Cesar Arguelles Gomez. In 2006, Mr. Arguelles Gomez was working as a police chief in Mexico. Part of his work involved pursuing drug traffickers. During 2006, certain criminal organizations threatened Mr. Arguelles Gomez and his wife to coerce Mr. Arguelles Gomez into cooperating with them regarding illegal activities. The threats included phone calls and one incident where the criminal organizations intercepted Mr. Arguelles Gomez on his way home. Mr. Arguelles Gomez refused the criminal organization’s attempts to recruit him, and—feeling threatened and pressured—opted to leave the police force by the end of 2006. Other incidents included that in 2011 an unidentified individual stole Mrs. Arguelles Gomez’ car in an area ...

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