Case: 21-60033 Document: 00516571088 Page: 1 Date Filed: 12/08/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 8, 2022 No. 21-60033 Lyle W. Cayce Clerk Ariana Reyes Martinez; Diego F. Suarez Reyes, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency Nos. A206 912 298, A206 912 299 Before Higginbotham, Duncan, and Engelhardt, Circuit Judges. Per Curiam:* Petitioners Ariana Reyes Martinez and her minor child Diego F. Suarez Reyes (collectively, “Reyes Martinez”), natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal. That appeal challenged an Immigration Judge’s (“IJ”) denial of Reyes Martinez’s application for asylum and withholding of * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-60033 Document: 00516571088 Page: 2 Date Filed: 12/08/2022 No. 21-60033 removal under the Immigration and Nationality Act and the Convention Against Torture (“CAT”). We deny the petition. I. Reyes Martinez entered the United States on or about October 17, 2014. On October 31, 2014, the Department of Homeland Security (“DHS”) served Reyes Martinez with a Notice to Appear, charging her with being inadmissible to and removable from the United States. Appearing before an IJ on November 12, 2014, Reyes Martinez admitted to the facts supporting removability. However, she requested asylum and withholding of removal, citing (1) her membership in a particular social group and (2) CAT. 1 In support of these requests, Reyes Martinez asserted that, while in Mexico, she received several phone calls from members of an armed gang. In one call, the gang members threatened to kill her or her son if she did not pay them 70,000 pesos. Eventually, after receiving a note threatening her if she did not pay, Reyes Martinez decided to leave Mexico. She did not believe she could go to another part of the country because she would have no family support and did not think the police would protect her. The night that Reyes Martinez planned to leave, she discovered that the phone line to her in-laws’ home was dead and that the electricity was cut off to their home. Reyes Martinez ran to a neighbor’s house and, once inside, saw men with flashlights looking into her in-laws’ home. According to Reyes Martinez, the gang members had demanded money from her because they knew her husband was sending her money from the United States. She asserted that women were vulnerable in Mexico and 1 Although Reyes Martinez and her son initially filed separate applications, counsel stated at the merits hearing that her son’s claims were “derivative” of his mother’s. We therefore treat their claims together, as did the IJ and BIA. 2 Case: 21-60033 Document: 00516571088 Page: 3 Date Filed: 12/08/2022 No. 21-60033 that gang members discriminate against them more readily. She also claimed fear of going to the police, citing stories of others killed by gang members …
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