Lesly Odelia Cabrera v. Jefferson Sessions, III

Case: 15-60711 Document: 00514460750 Page: 1 Date Filed: 05/07/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-60711 Fifth Circuit FILED May 7, 2018 LESLY ODELIA CABRERA, Lyle W. Cayce Clerk Petitioner v. JEFFERSON B. SESSIONS, III, U.S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration and Appeals Before STEWART, Chief Judge, and JOLLY and WIENER, Circuit Judges. CARL E. STEWART, Chief Judge: On May 27, 2014, Lesly Odelia Cabrera , a native citizen of Honduras, fled to the United States and applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The Immigration Judge (“IJ”) denied all relief and Cabrera appealed to the Board of Immigration Appeals (“BIA”), alleging the IJ misapplied the law in determining her refugee status and denying relief. The BIA summarily dismissed the appeal. Cabrera now brings this petition for review. We deny in part and grant in part the petition for review. Case: 15-60711 Document: 00514460750 Page: 2 Date Filed: 05/07/2018 No. 15-60711 I. BACKGROUND Petitioner fled to the United States without authorization in 2014 fearing, according to her, that her political activism posed a threat to her life and that of her teenage son, Edwuard. 1 Prior to coming to the United States, Cabrera lived in a poor, crime-afflicted neighborhood in Choloma, Honduras. As in much of the country, Honduras’s large and powerful gangs—including MS-13 or “the Maras” and their rivals, Barrio 18—are ubiquitous in Choloma. According to Cabrera, the Maras murdered several members of her family, including her cousin, nephew, and two brothers-in-law. Cabrera says that she became politically active against the gangs and the governing political party in March 2012. That month, the Maras approached then-fifteen-year-old Edwuard as he was leaving school, robbed him, and demanded that he join the gang. When he refused, they beat him and threatened him at knifepoint, telling him that they would kill him if he did not change his mind. Prior to Edwuard’s attack, the Maras raped, beat, and murdered a female classmate who refused to join the gang. They dumped her body in front of the school “for all to see.” The incident was reported to the police who took no action. Dismayed that anyone had reported their crime at all, according to Cabrera, the Maras “sent out a warning to the community— anyone who speaks out against them will be physically assaulted or worse.” After Edwuard’s assault, Cabrera joined a parents’ group at his school. The group began staging public protests in front of the police station and in the central park, demanding that the police provide protection at the school. Although the police eventually agreed to send a patrol car, their presence 1 Edwuard entered the United States at the same time as Cabrera. His case was administratively closed, and Cabrera has stated that Edwuard will remain in the United States if she is removed to Honduras. 2 Case: 15-60711 Document: 00514460750 Page: ...

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