Nelsa Hernandez-Cabrera v. William Barr


UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2236 NELSA ROSA HERNANDEZ-CABRERA; A.J.E.H., Petitioners, v. WILLIAM P. BARR, Attorney General, Respondent. ------------------------------ IMMIGRATION LAW PROFESSORS; TAHIRIH JUSTICE CENTER; ASIAN PACIFIC INSTITUTE ON GENDER-BASED VIOLENCE; ASISTA; AYUDA, INCORPORATED; NATIONAL IMMIGRANT WOMEN’S ADVOCACY PROJECT; TWENTY-SEVEN FORMER IMMIGRATION JUDGES AND MEMBERS OF THE BOARD OF IMMIGRATION APPEALS; GEOFFREY THALE, Amici Supporting Petitioner. No. 19-1971 NELSA ROSA HERNANDEZ-CABRERA; A.J.E.H., Petitioners, v. WILLIAM P. BARR, Attorney General, Respondent. ------------------------------ IMMIGRATION LAW PROFESSORS; TAHIRIH JUSTICE CENTER; ASIAN PACIFIC INSTITUTE ON GENDER-BASED VIOLENCE; ASISTA; AYUDA, INCORPORATED; NATIONAL IMMIGRANT WOMEN’S ADVOCACY PROJECT; TWENTY-SEVEN FORMER IMMIGRATION JUDGES AND MEMBERS OF THE BOARD OF IMMIGRATION APPEALS; GEOFFREY THALE, Amici Supporting Petitioner. On Petitions for Review of Two Orders of the Board of Immigration Appeals. Argued: September 9, 2020 Decided: November 23, 2020 Before WILKINSON, NIEMEYER, and DIAZ, Circuit Judges. Petitions for review denied by unpublished opinion. Judge Diaz wrote the opinion, in which Judge Wilkinson and Judge Niemeyer joined. ARGUED: Alexandra Rachel Saslaw, MAYER BROWN LLP, Washington, D.C., for Petitioners. Christina Petersen Greer, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C, for Respondent. ON BRIEF: Adina B. Appelbaum, Claudia R. Cubas, CAIR COALITION, Washington, D.C.; Evan M. Tager, Catherine A. Bernard, MAYER BROWN LLP, Washington, D.C., for Petitioners. Joseph H. Hunt, Assistant Attorney General, Terri J. Scadron, Assistant Director, Greg D. Mack, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Linda T. Coberly, Maura T. Levine-Patton, Chicago, Illinois, Heather P. Lamberg, WINSTON & STRAWN LLP, Washington, D.C., for Amicus National Immigrant Women’s Advocacy Project. Richard W. Mark, Amer S. Ahmed, Indraneel Sur, Timothy Sun, GIBSON, DUNN & CRUTCHER LLP, New York, New York, for Amici Twenty-Seven Former Immigration Judges and Members of the Board of Immigration Appeals. Anjum Gupta, Immigrant Rights Clinic, RUTGERS LAW SCHOOL, Newark, New Jersey, for Amici Immigration Law Professors. Julie Carpenter, THE TAHIRIH JUSTICE CENTER, Falls Church, Virginia; David E. Carney, Washington, D.C.; Holly Henderson-Fisher, Benjamin Rankin, New York, New York; Kenneth M. Thomas, Chicago, Illinois; Andrew D. Kinsey, Jason S. Levin, Wilmington, Delaware, for Amicus The Tahirih Justice Center. Geoffrey Thale, Vice President for 2 Programs, WASHINGTON OFFICE ON LATIN AMERICA, Washington, D.C., Amicus Curiae Pro Se. Unpublished opinions are not binding precedent in this circuit. 3 DIAZ, Circuit Judge: In this consolidated appeal, petitioner Nelsa Rosa Hernandez-Cabrera, a native and citizen of Honduras, seeks asylum for protection from harm at the hands of her former domestic partner, José Wilmer Garcia. Petitioner A.J.E.H. is Hernandez-Cabrera’s minor son and seeks asylum as a derivative applicant. After an evidentiary hearing, an Immigration Judge (“IJ”) denied Hernandez- Cabrera’s application for asylum. The IJ found that Hernandez-Cabrera gave credible testimony but failed to establish eligibility for asylum because she didn’t sufficiently corroborate her claim. In the alternative, the IJ found Hernandez-Cabrera ineligible for asylum because she didn’t establish that her life or freedom would be threatened on account of a protected ground if she returned to Honduras. ...

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