Case: 19-11678 Date Filed: 01/14/2020 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-11678 Non-Argument Calendar ________________________ Agency No. A206-483-146 MARIA ELENA CERRATO-CHIRINOS, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (January 14, 2020) Before WILLIAM PRYOR, MARTIN, and JILL PRYOR, Circuit Judges. PER CURIAM: Maria Elena Cerrato-Chirinos, a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the Case: 19-11678 Date Filed: 01/14/2020 Page: 2 of 12 denial of her application for asylum. After thorough consideration, we deny the petition for review. I. In May 2012, Cerrato-Chirinos entered the United States at the Texas border without inspection, admission, or parole. She then settled in Pompano Beach, Florida. On May 2, 2014, Cerrato-Chirinos was served with a notice to appear before an immigration judge (“IJ”). The notice to appear charged her with removability under 8 U.S.C. § 1182(a)(6)(A)(i). This statute provides for removal of any noncitizen present in the United States without being admitted or paroled, or who arrived in the United States at any time or place other than as designated by the Attorney General. Cerrato-Chirinos admitted the factual allegations in the notice to appear and conceded the charge of removability. On May 30, 2017, Cerrato-Chirinos, with assistance of counsel, filed an I-589 Application for Asylum and for Withholding of Removal. In her I-589, Cerrato-Chirinos recounted how her brother, Juan Ramon Chirinos, was killed by gang members in February 2012 as he was walking to get his bicycle. Cerrato- Chirinos said she was not present at her brother’s murder and did not know which gang was responsible. She said that witnesses told her the murderers “had gang tattoos.” Cerrato-Chirinos also said that, shortly after the murder, gang members began asking her neighbors about her and her family’s whereabouts. Because of 2 Case: 19-11678 Date Filed: 01/14/2020 Page: 3 of 12 the gang members’ expressed desire to “get revenge on Juan’s family,” she said her “whole family became the target of gang violence” and began living “in hiding.” She sought asylum and withholding of removal due to her fear that the gang members will kill her upon her return to Honduras and that the “very corrupt” Honduran police would “protect the gangs” instead of her. Her application did not discuss any other incidents as the basis for this fear. At a hearing before the IJ on October 10, 2017, Cerrato-Chirinos’s counsel said she planned to supplement the record in advance of the hearing on the merits of her I-589. In support of her application, Cerrato-Chirinos submitted her own sworn declaration. In the declaration, Cerrato-Chirinos stated that her brother was murdered outside a church, that she was inside the church at the time of his murder, and that she found his body afterwards. She again said that she knew the men who did this were gang members ...
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