NOT RECOMMENDED FOR PUBLICATION File Name: 20a0315n.06 No. 19-3825 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jun 02, 2020 DEBORAH S. HUNT, Clerk LIDIA YORLENI REYES ALMENDAREZ ) et al., ) ) ON PETITION FOR REVIEW Petitioners, ) OF A FINAL ORDER OF THE ) BOARD OF IMMIGRATION v. ) APPEALS ) WILLIAM P. BARR, Attorney General, ) ) OPINION Respondent. ) BEFORE: MOORE, SUTTON, and GRIFFIN, Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Lidia Yorleni Reyes Almendarez, her husband, Yony Eliu Melgar Trochez, their children, Jordi Isai Melgar Reyes and Jhonsen Zaret Melgar Reyes, Lidia’s brother, Limhi Lenin Reyes Almendarez, and his daughter, Issi Beatriz Reyes Henriquez, petition for review of the Board of Immigration’s (“BIA”) denial of their applications for asylum.1 They challenge the BIA’s and immigration judge’s (“IJ”) conclusions (1) that the persecution of the family by Los Tercerenos, a Honduran gang, was not on account of their membership in a patrilineal family headed by Lidia and Limhi’s father and (2) that the Honduran government was not unable or unwilling to protect the petitioners from their persecutors. We DENY the petition seeking review for the reasons that follow. 1 We will refer to petitioners by first name because some share the same last names. No. 19-3825, Reyes Almendarez et al. v. Barr I. BACKGROUND Petitioners are citizens and natives of Honduras, specifically San Pedro Sula. See, e.g., A.R. 135–36. At various points in 2011, 2012, and 2015, the family was victimized by Los Tercerenos and suffered tremendous personal loss. On January 1, 2011, Lidia and Limhi’s father, Jesus Reyes Caballero, was murdered by Los Tercerenos because he refused to meet the gang’s extortion demands with proceeds from his restaurant. A.R. 143–45, 223. The record does not indicate whether the family filed a police report or whether the police investigated Jesus’s death. After his death, the family did not receive further threats of extortion. A.R. 153. However, the family received a phone call in 2012 stating that they were to provide free food to “all of them,” and the family presumed it was Los Tercerenos. A.R. 223. The family notified the police, the officers came to the restaurant, and they stayed with the family for two hours. Id. On October 4, 2015, Lidia and Limhi’s brother, Jesus Alexander Reyes Almendarez (“Alex”) had an argument with members of Los Tercerenos. A.R. 141–42. During a soccer game, Alex threw a ball and it hit the hand of a member, causing the member to drop his phone. Id. Alex attempted to apologize, but gang members threatened him, stating that he was “going to see blood running.” Id. The next day, Alex was murdered by the gang. Id. Lidia, Limhi, and Jhonsen were with Alex when the attack occurred. A.R. 140. During the attack, Limhi sustained serious gunshot injuries. A.R. 146. Within minutes, the police arrived and took Limhi to the hospital. A.R. 145, 253. Three days after Alex’s death, Lidia filed a police report. A.R. 147. The police ...
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