RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0065p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT K. H., a minor child, ┐ Petitioner, │ │ > No. 18-3426 v. │ │ │ WILLIAM P. BARR, Attorney General, │ Respondent. │ ┘ On Petition for Review from the Board of Immigration Appeals; No. A 206 685 772. Argued: January 16, 2019 Decided and Filed: April 8, 2019 Before: COLE, Chief Judge; SUHRHEINRICH and MOORE, Circuit Judges. _________________ COUNSEL ARGUED: Edward W. Farrell, RUSSELL IMMIGRATION LAW FIRM PLLC, Louisville, Kentucky, for Petitioner. Susan Bennett Green, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Edward W. Farrell, RUSSELL IMMIGRATION LAW FIRM PLLC, Louisville, Kentucky, for Petitioner. Susan Bennett Green, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. _________________ OPINION _________________ COLE, Chief Judge. K.H., a Guatemalan native and citizen, was kidnapped, beaten, and raped in Guatemala when she was seven years old. Upon notice of the kidnapping, the Guatemalan police quickly intervened and caught K.H.’s persecutors, who were then tried, convicted, and sentenced. Shortly thereafter, K.H. fled to the United States. K.H. now appeals No. 18-3426 K. H. v. Barr Page 2 the order of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of her applications for asylum and humanitarian asylum because she failed to demonstrate past persecution. Specifically, in affirming the IJ’s order, the BIA concluded that K.H. failed to show that the Guatemalan government was unwilling or unable to control her persecutors and protect her, considering the Guatemalan police’s effective response to her kidnapping. We conclude that substantial evidence supports the BIA’s determination that K.H. failed to show that the Guatemalan government was unwilling or unable to control her persecutors and protect her. We therefore deny K.H.’s petition for review. I. BACKGROUND A. Factual Background In 2012, while waiting at a bus stop in Barbarena, Santa Rosa, Guatemala, seven-year-old K.H. was kidnapped by members of a gang known as “Los Cobardes.” The kidnappers sought ransom from both K.H.’s grandmother, Milagro—a woman of indigenous Xinca heritage—and K.H.’s mother, who was living in the United States. While communicating with Milagro, the kidnappers used various slurs to demean indigenous people.1 In response, Milagro contacted the Guatemalan National Police (“GNP”), who began to track the ransom calls. During her detention, K.H.’s kidnappers beat and raped her. When her captors realized they were being tracked by the GNP, they abandoned K.H. in a field. The GNP then located K.H., who was hospitalized for approximately two weeks due to her injuries. After her hospital stay, the Guatemalan Trial Court for Childhood and Adolescent Cases (the “Trial Court”) ordered K.H. to be placed in a temporary shelter. Consequently, K.H. was sent to Refugio de la Ninez, a refuge for children in Guatemala City. The Trial Court also ordered that the refuge “provide intensive psychological therapy” to K.H. and directed the Attorney General to “facilitate the steps necessary in order for the child to be ...
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