Case: 18-13791 Date Filed: 08/07/2019 Page: 1 of 14 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-13791 Non-Argument Calendar ________________________ Agency No. A208-455-464 MARITZA CONCEPCION CALIX-GONZALEZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (August 7, 2019) Before MARTIN, JILL PRYOR and FAY, Circuit Judges. PER CURIAM: Maritza Calix-Gonzalez, a Honduran citizen, petitions for review of a final order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Case: 18-13791 Date Filed: 08/07/2019 Page: 2 of 14 Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”). Calix-Gonzalez applied for asylum, withholding of removal, and CAT relief based on two incidents of gang members threatening her and her minor son Hector, who was a derivative applicant. The BIA denied the asylum and withholding of removal claims because it determined that Calix-Gonzalez had shown neither past persecution nor a well-founded fear of future persecution based on membership in a particular social group. It determined that the gang’s conduct did not rise to the level of persecution and was unrelated to Calix-Gonzalez’s and Hector’s membership in a protected social group. The BIA denied the request for CAT relief because it determined that Calix-Gonzalez presented no evidence showing that a return to Honduras would, more likely than not, subject them to torture with the consent or acquiescence of the government. On appeal, Calix-Gonzalez argues that the BIA’s decision was erroneous because based on the gang’s threats she and Hector suffered past persecution and had a well-founded fear of future persecution connected to their membership in a cognizable particular social group. We disagree. After careful review, we deny the petition. 2 Case: 18-13791 Date Filed: 08/07/2019 Page: 3 of 14 I. BACKGROUND Calix-Gonzalez and Hector entered the United States in September 2015. One day after they entered the country, the Department of Homeland Security issued them notices to appear to show why they should not be removed. They conceded that they were removable, but Calix-Gonzalez filed an application for asylum, withholding of removal, and CAT relief for herself and Hector based on past persecution they had allegedly suffered because of their membership in a particular social group. At a merits hearing, Calix-Gonzalez and Hector were represented by counsel who argued that the “particular social group” of which they were members consisted of “[y]oung Honduran families subject to threats [by] gangs.” A.R. at 67.1 In support of the application, Calix-Gonzalez presented testimony given by her and Hector, a U.S. Department of State Country Report on Honduras, and a State Department Travel Warning on the country. Calix-Gonzalez and Hector testified that they left the Honduran city of Juticalpa because two encounters with a gang at Hector’s school showed that the gang wanted to kill him. After the first encounter, Hector called Calix-Gonzalez and asked ...
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