Rivera-Reyes v. Garland


Case: 20-61188 Document: 00516377095 Page: 1 Date Filed: 06/30/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 30, 2022 No. 20-61188 Lyle W. Cayce Clerk Josefa Elena Rivera-Reyes; Eddy Alexander Bonilla- Rivera; Ashly Pamela Bonilla-Rivera; Katerin Rivera Bonilla-Rivera; Jency Jireth Martinez-Bonilla, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. A209 857 491 Agency No. A209 857 488 Agency No. A209 857 487 Agency No. A209 857 489 Agency No. A209 857 490 Before Jolly, Willett, and Engelhardt, Circuit Judges. Case: 20-61188 Document: 00516377095 Page: 2 Date Filed: 06/30/2022 No. 20-61188 Per Curiam:* Josefa Elena Rivera-Reyes and her daughter, Katerin Elena Bonilla- Rivera, on behalf of themselves and their children, petition for review of the Board of Immigration Appeals’s (BIA’s) decision. They appealed the immigration judge’s (IJ’s) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) to the BIA. Some of Petitioners’ arguments have been abandoned, 1 and we find no error in the BIA’s resolution of the remaining issues. The petitions for review are DENIED. I Josefa Elena Rivera-Reyes fled Honduras with her daughter Katerin Rivera Bonilla-Rivera because she was afraid that gang members planned to kidnap and kill Katerin. Josefa also brought her two other children and one of her grandchildren (Katerin’s child) with her. Josefa left Honduras because she was told that two gang members had fallen in love with Katerin, imperiling Katerin. Josefa testified that when two gang members fall in love with the same woman, “gang law” dictates that the gang leader must make the woman “disappear” to prevent infighting. A few days after Josefa learned that Katerin was in danger, a man rode past her house on a bicycle. Josefa believed that the gang sent him to spy on the family. Josefa and Katerin came to the United States and filed applications for asylum and withholding of removal and relief under the CAT. The IJ denied * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 1 Petitioners withdrew their CAT claim on appeal to the BIA, so we consider only their asylum and withholding of removal claims. 2 Case: 20-61188 Document: 00516377095 Page: 3 Date Filed: 06/30/2022 No. 20-61188 their claims. Petitioners appealed to the BIA, and the BIA dismissed their appeal. II We start with Petitioners’ argument that the BIA erred in dismissing their claim for asylum. An applicant for asylum must show that she “is a person (1) who is outside of h[er] country and is unable or unwilling to return because of persecution or a well-founded fear of persecution and (2) who has demonstrated that ‘race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central …

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