NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 18-1534 _____________ MIRNA NAVED PENA RODAS, a/k/a Mirna Naved Pena-Rodas, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent _______________________ On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A206-628-519 Immigration Judge: The Honorable Elise Manuel _______________________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) March 4, 2019 Before: SMITH, Chief Judge, AMBRO and RESTREPO, Circuit Judges (Filed: March 4, 2019) _______________________ OPINION _______________________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. SMITH, Chief Judge. Mirna Pena-Rodas petitions for review of a decision by the Board of Immigration Appeals (BIA) dismissing her appeal from the decision by the Immigration Judge (IJ) to deny her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). For the reasons that follow, we will deny the petition for review. I. Pena-Rodas is a native and citizen of Honduras. During her hearing before the IJ, she was asked to describe the incident in Honduras that formed the basis of her claims for relief. She testified that, on a Friday evening in February 2014 while she was walking to church, she was approached by two men on motorbikes. She recognized one of them as a local gang member called “[P]antera,” who had in the past made suggestive comments to her and had told others, “[o]ne day, she’s going to be mine.” JA 89. When the men got off their bikes and approached her, she realized that Pantera and his companion were going to attack her. While his companion stood guard, Pantera grabbed Pena-Rodas and threw her to the ground. He grabbed her purse, including her cellphone, and tossed it to his companion. He then tried to forcibly remove her clothing, saying “finally you are going to be mine.” JA 63. When she tried to scream for help, Pantera covered her mouth. 2 Pena-Rodas believed that Pantera would rape her. She escaped before he could do so by kneeing him in the groin and throwing sand in the other man’s eyes. She fled to her church, and the priest walked her home. She never saw Pantera again, but, beginning after the attack, her mother and grandmother received repeated phone calls and voice mails from unknown numbers. Although no one ever spoke, Pena-Rodas suspected the calls were from Pantera because he had stolen her cellphone. The calls made Pena-Rodas feel threatened and afraid. Traumatized after the attack, Pena-Rodas did not leave her house for a month. Although she suffered pain from being held down, she did not seek medical attention. She also did not report the incident to the police, believing that “the police [are] connected to the [gang].” JA 66. She discussed the attack with her priest instead. Seeking safety, she fled to the United States the following month. She entered this country illegally in March 2014, when she was twenty- ...
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