Case: 19-60819 Document: 00516071551 Page: 1 Date Filed: 10/27/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 27, 2021 No. 19-60819 Lyle W. Cayce Clerk Jose Ramiro Meza Benitez, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. A201 440 794 Before Jones, Southwick, and Engelhardt, Circuit Judges. Per Curiam:* Jose Ramiro Meza Benitez petitions for review of a Board of Immigration Appeals’ order. That order dismissed an appeal of the Immigration Judge’s denial of an application for asylum, withholding of removal, and protection under the Convention Against Torture. We DENY the petition. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-60819 Document: 00516071551 Page: 2 Date Filed: 10/27/2021 No. 19-60819 FACTUAL AND PROCEDURAL BACKGROUND Meza Benitez is a native and citizen of Honduras who was born a male but identifies as a female. After traveling through Mexico and unsuccessfully seeking asylum there, Meza Benitez applied for admission to the United States through a port of entry in south Texas in November 2018. Petitioner was detained by immigration officials shortly thereafter. On January 8, 2019, Meza Benitez had a credible-fear interview by telephone with an asylum officer through the assistance of a translator. During the interview, Meza Benitez discussed instances of harm and threats of future harm by an uncle and cousins and expressed fear for life and limb if returned to Honduras. The asylum officer determined that Meza Benitez had suffered past persecution on account of a protected ground and had a credible fear of future persecution in the event of a return to Honduras. After this interview, immigration officials served Meza Benitez with a notice to appear for removal proceedings based on a charge of inadmissibility because of a lack of valid entry documents. On March 15, 2019, Meza Benitez appeared with counsel, conceded removability as charged, and simultaneously submitted an application for asylum, withholding of removal, and protection under the Convention Against Torture. Also submitted was petitioner’s personal statement. The Immigration Judge accepted the documents and set a date for a merits hearing. At the merits hearing on April 18, 2019, Meza Benitez testified and introduced documentary evidence. The testimony described three instances of past harm. The first occurred in January 2016. An uncle raped and beat petitioner, then said to “get well and become a man.” The second incident was in March 2017 when this same uncle came to Meza Benitez’s apartment, threw petitioner to the ground and committed a rape, then attempted to cut 2 Case: 19-60819 Document: 00516071551 Page: 3 Date Filed: 10/27/2021 No. 19-60819 off petitioner’s penis. The final incident about which Meza Benitez testified was in November 2017. At that time, police-officer cousins publicly beat petitioner with their police batons while in …
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