Rosa Maria Juan-Francisco v. U.S. Attorney General


Case: 19-11854 Date Filed: 12/05/2019 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-11854 Non-Argument Calendar ________________________ Agency No. A202-070-129 ROSA MARIA JUAN-FRANCISCO, YENI L. DIEGO JUAN, Petitioner - Appellants, versus U.S. ATTORNEY GENERAL, Respondent - Appellee. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (December 5, 2019) Before WILLIAM PRYOR, JORDAN, and JILL PRYOR, Circuit Judges. PER CURIAM: Case: 19-11854 Date Filed: 12/05/2019 Page: 2 of 10 Rosa Maria Juan-Francisco and her daughter, Yeni Diego-Juan, as a derivative beneficiary, seek review of a final order by the Board of Immigration Appeals. The BIA affirmed the Immigration Judge’s denial of Ms. Juan-Francisco’s claims for her application for asylum and withholding of removal. Ms. Juan- Francisco argues the BIA erred in concluding (1) that she did not suffer harm rising to the level of past persecution; (2) that she failed to establish she was persecuted because of her membership in a particular social group; and (3) that she failed to meet her burden to show she could not reasonably relocate within her home country of Guatemala. Because we agree with the BIA’s analysis, we affirm. I Ms. Juan-Francisco and her daughter are natives and citizens of Guatemala. In 2015, they entered the United States without inspection, and in 2016 they became subject to removal proceedings by the Department of Homeland Security. At a master calendar hearing on June 8, 2016, the IJ found each of them was removable as charged. Ms. Juan-Francisco timely filed an application for asylum and withholding of removal based on her race, political opinion, or membership in a particular social group, and for protection under the Convention Against Torture. Her attorney identified her particular social group as indigenous Guatemalan women who are threatened into forced relationships. In support of her application, Ms. Juan- Francisco submitted a psychological report and country condition documents. 2 Case: 19-11854 Date Filed: 12/05/2019 Page: 3 of 10 At a 2017 hearing regarding her claims, Ms. Juan-Francisco testified that in May of 2014, a man in Guatemala harassed her verbally and told her she had to be his wife. She did not recognize the man and was unable to learn his identity. She testified that when she encountered the same man in July of 2014, he held her hand and again told her she had to be his wife. In March of 2015, the man threatened to kill Ms. Juan-Francisco if she did not agree to be his wife. He somehow obtained Ms. Juan-Francisco’s telephone number and began to call her as many as three times a day. She testified that she fears the man will kill her if she returns to Guatemala. The IJ concluded that Ms. Juan-Francisco did not establish her eligibility for asylum. The IJ found that Ms. Juan-Francisco was harassed and threatened by the unidentified man, and believed her to be afraid of returning to Guatemala because of the encounters, but ...

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