Maria Azucena Pomposo Lopez v. William P. Barr


NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued August 7, 2019 Decided August 28, 2019 Before DANIEL A. MANION, Circuit Judge DIANE S. SYKES, Circuit Judge AMY C. BARRETT, Circuit Judge No. 19-1026 MARIA A. POMPOSO LOPEZ, et al., Petition for Review of an Order of the Petitioners, Board of Immigration Appeals. v. Nos. A200-768-027, A208-296-669, A208-296-670 & A208-296-671 WILIAM P. BARR, Attorney General of the United States Respondent. ORDER Maria Pomposo Lopez, a Mexican citizen, petitions, along with her three minor children, for review of the Board of Immigration Appeal’s denial of her applications for asylum and withholding of removal under the Immigration and Nationality Act (based on her membership in a social group of people subjected to familial abuse) and for withholding of removal under the Convention Against Torture. The Board concluded that Pomposo Lopez did not establish harm that rose to the level of past persecution, a well-founded fear of future persecution based on a protected ground, or a likelihood that she would be tortured if removed to Mexico. We agree and deny the petition for review. No. 19-1026 Page 2 I. Pomposo Lopez unlawfully entered the United States in 2010 with her three minor children, Eyvi, Aryela, and Andrea, who are also petitioners in this case. They settled in Columbus, Indiana with the children’s father. Pomposo Lopez and her partner testified to the following. When Aryela was ten years old, she confided in a school psychologist that she was being harassed and touched inappropriately by her 24-year-old cousin who lived with the family. The school contacted Aryela’s father, who took her to the police station to file a sexual misconduct report in May 2014. When the police questioned Aryela alone, she said that the sexual abuse did not occur, so they closed the case. Aryela’s father kicked out his nephew, who later moved to Utah. Months later, Pomposo Lopez began receiving threatening text messages purportedly sent on behalf of the estranged nephew. The messager identified herself as the nephew’s girlfriend and said that she knew where the family lived, that she was going to send someone to beat them up, and that Pomposo Lopez should be careful with her children. The girlfriend also taunted Pomposo Lopez, telling her that the nephew would boast of his abuse of Aryela. Pomposo Lopez twice reported the messages to the Columbus police, but they told her that she needed to receive more messages before they opened an investigation. In December 2014, Pomposo Lopez and her children returned to Mexico where the harm grew more serious. In February 2015, Pomposo Lopez was held at gunpoint by two unknown men with pistols, while a third man tried to abduct Aryela on the street where they lived. Aryela escaped, but the men restrained Pomposo Lopez and warned her that her partner should stop talking to the police. (In Pomposo Lopez’s absence, her partner—then in ...

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