Kenia Galeano Reyes v. Jefferson Sessions

Case: 15-60409 Document: 00514204750 Page: 1 Date Filed: 10/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 20, 2017 No. 15-60409 Lyle W. Cayce Clerk KENIA YAKELIN GALEANO REYES; JAIR ALEJANDRO GALEANO REYES, Petitioners v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA A202 132 814 Before REAVLEY, SOUTHWICK, and HAYNES, Circuit Judges. PER CURIAM:* Kenia Yakelin Galeano Reyes (“Galeano Reyes”) and her two year-old son, Jair Alejandro Galeano Reyes, petition the court for review of an order of the Board of Immigration Appeals (“BIA”) denying their asylum applications. 1 * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 Jair Alejandro is listed as a derivative beneficiary of his mother’s asylum application, and his counsel indicated to the BIA that Jair Alejandro was only a derivative beneficiary. See 8 U.S.C. § 1158(b)(3)(A) (“A spouse or child . . . of an alien who is granted asylum under this subsection may . . . be granted the same status as the alien if accompanying . . . such alien.”). Jair Alejandro does not challenge the BIA’s determination that he is only a derivative beneficiary of his mother’s asylum application. Accordingly, this opinion discusses only Jair Alejandro’s mother when analyzing the merits of petitioners’ asylum applications. Case: 15-60409 Document: 00514204750 Page: 2 Date Filed: 10/20/2017 No. 15-60409 They claimed asylum based on both Galeano Reyes’s past physical abuse from her father and threats to Galeano Reyes from her brother’s gang after she turned him in for sexually assaulting his daughter, claiming that such persecution was due to membership in a particular social group—“Honduran children lacking effective familial protection in Honduras.” Because substantial evidence supports the BIA’s determination that Galeano Reyes failed to show a nexus between the alleged persecution and her membership in the proposed particular social group, we DENY the petition. I. Background Galeano Reyes and her son, both natives and citizens of Honduras, arrived at the Hidalgo, Texas, port of entry and applied for admission to the United States. The Department of Homeland Security (“DHS”) subsequently instituted removal proceedings against Galeano Reyes and her son via notices to appear, charging them with attempting to enter the United States without valid entry documents. Galeano Reyes filed an I-589 application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Her application claimed that she belonged to a particular social group defined as “Honduran children lacking effective familial protection in Honduras,” and that she was afraid of her father and brother because of a report she had made to the police about her brother sexually abusing his daughter. The application also listed her son as a derivative beneficiary of her asylum application, and a separate I-589 application ...

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