N. Y. C. C. v. William P. Barr


In the United States Court of Appeals For the Seventh Circuit ____________________ No. 18-2618 N.Y.C.C., Petitioner, v. WILLIAM P. BARR, Attorney General of the United States, Respondent. ____________________ Petition for Review of an Order of the Board of Immigration Appeals. No. A000-000-000 ____________________ ARGUED APRIL 16, 2019 — DECIDED JULY 19, 2019 ____________________ Before EASTERBROOK, KANNE, and SCUDDER, Circuit Judges. SCUDDER, Circuit Judge. To obtain asylum in the United States, N.Y.C.C. needed to establish that she has faced past persecution or harbors a well-founded fear of future persecu- tion based on her membership in a particular social group. An immigration judge determined that she fell short of making this showing and denied her application. The Board of Immi- gration Appeals agreed. N.Y.C.C. has now sought our review, 2 No. 18-2618 and she faces the difficult burden of showing that the record compels a different result. Seeing nothing in the record that required the immigration judge (or the Board) to conclude that N.Y.C.C. experienced past persecution or reasonably fears future persecution, we deny her petition. I N.Y.C.C., a citizen of Mexico, applied for asylum in De- cember 2014. Her application led to a hearing before an immi- gration judge in September 2015, and there she testified and presented documents to support her petition, including an ex- pert’s report on the conditions in Mexico and written state- ments from family members. N.Y.C.C. testified that she fled Mexico because of threats and harassment by her former partner, a man going by the initials E.G. and the father of one of her sons. N.Y.C.C. be- lieves E.G. and his cohorts are members of the Mexican cartel known as La Familia Michoacana. She roots this view in ob- servations she made while the two of them lived together dur- ing parts of 2011 and 2012. More specifically, N.Y.C.C. testi- fied that E.G. had a large house despite working at a carwash and frequently stayed out late only to return home in different cars. He often hosted visitors at their home and held discus- sions he kept N.Y.C.C. from hearing. N.Y.C.C. testified that she once overheard a visitor mention “going to do the job now,” and she believed this meant E.G. and his friends planned to kidnap someone. She also testified to finding a gun in their home. All of this caused N.Y.C.C. to believe E.G. and his friends belonged to the La Familia cartel. N.Y.C.C. ended her relationship with E.G. in July 2012. She told the immigration judge that she did so because of his No. 18-2618 3 suspicious behavior and her fear that opposing cartel mem- bers who wished to harm E.G. and La Familia might also end up harming her or her children. This fear, she added, led to her moving back into her mother’s house about two hours away while she was nine months pregnant with E.G.’s child. E.G. reacted by telling her that she could leave if she wanted to. For the next year or so, E.G. was not around much, ...

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