Case: 18-60174 Document: 00515111623 Page: 1 Date Filed: 09/10/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-60174 United States Court of Appeals Fifth Circuit FILED September 10, 2019 MARIA SUYAPA GONZALES-VELIZ, Lyle W. Cayce Petitioner, Clerk v. WILLIAM P. BARR, U.S. ATTORNEY GENERAL, Respondent. Petitions for Review of Orders of the Board of Immigration Appeals Before ELROD and WILLETT, Circuit Judges. * JENNIFER WALKER ELROD, Circuit Judge: Maria Suyapa Gonzales-Veliz, a Honduran citizen, petitions for review of the denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). While her initial petition for review was pending before us, Gonzales-Veliz also filed a motion for reconsideration with the Board of Immigration Appeals (BIA), which subsequently denied reconsideration by invoking an intervening decision in Matter of A-B-, 27 I. & N. Dec. 316 (A.G. 2018). Gonzales-Veliz also petitions for review of the denial of reconsideration. We deny both petitions for review. * This matter is being decided by a quorum. 28 U.S.C. § 46(d). Case: 18-60174 Document: 00515111623 Page: 2 Date Filed: 09/10/2019 No. 18-60174 I. Gonzales-Veliz is a native and citizen of Honduras. In August 2014, Gonzales-Veliz entered the United States without inspection, was apprehended at the United States border, and was removed to Honduras under an expedited removal order. In a sworn statement, Gonzales-Veliz stated that she entered the United States “to look for employment” and that she had no fear of harm or returning to Honduras. Later in April 2015, Gonzales-Veliz once again entered the United States illegally and was apprehended. The Department of Homeland Security reinstated the 2014 removal order and sought to remove her, but this time, Gonzales-Veliz claimed that she feared returning to Honduras due to widespread gang violence there. An asylum officer referred the matter to an immigration judge (IJ). After hearing testimony, the IJ denied Gonzales-Veliz’s application for asylum, withholding of removal, and CAT protection. Citing controlling Fifth Circuit cases, the IJ held that Gonzales-Veliz was ineligible to apply for asylum because she unlawfully reentered the United States and had her previous removal order reinstated. See Ramirez-Mejia v. Lynch, 794 F.3d 485, 491 (5th Cir. 2015) (“[A]liens whose removal orders are reinstated may not apply for asylum.”). The IJ further concluded that Gonzales-Veliz failed to demonstrate that she was harmed on account of a membership in a particular social group— Honduran women unable to leave their relationship. The IJ also determined that Gonzales-Veliz failed to demonstrate that the Honduran government was unable or unwilling to protect her because her testimony showed that the police took actions to protect her. Moreover, the IJ found her not credible. As to her application for CAT protection, the IJ found that the Honduran government would not acquiesce in torture that she was allegedly expecting at the hands of another individual with whom she had previously been in a relationship. 2 Case: 18-60174 Document: 00515111623 Page: 3 Date Filed: 09/10/2019 No. 18-60174 Alternatively, the IJ denied Gonzales-Veliz CAT relief because ...
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