Soriano-Salinas v. Garland


Case: 20-60449 Document: 00516156835 Page: 1 Date Filed: 01/06/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 6, 2022 No. 20-60449 Lyle W. Cayce Clerk Doris Griselda Soriano-Salinas; Richardson Estiven Ramos-Soriano, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A212 975 778 BIA No. A212 975 777 Before Jones, Higginson, and Duncan, Circuit Judges. Per Curiam:* Petitioner Doris Griselda Soriano-Salinas is an immigrant from Honduras seeking asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Her child, Richardson Estiven Ramos- * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-60449 Document: 00516156835 Page: 2 Date Filed: 01/06/2022 No. 20-60449 Soriano, seeks derivative asylum. Both the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) denied their claims. We DENY their petition for review of the BIA decision. I. Doris Griselda Soriano-Salinas and her older son, Richardson, natives and citizens of Honduras, entered the United States without being admitted or paroled. They were served with notices to appear charging them with removability pursuant to 8 U.S.C. § 1182(a)(6)(A)(i). Through counsel, the petitioners admitted the factual allegations and conceded that they were removable as charged. They then filed applications for asylum, withholding of removal, and protection under the CAT. Soriano-Salinas claimed membership in a particular social group defined as “women in a domestic relationship in Honduras who are unable to leave the relationship,” and her son claimed membership in a particular social group consisting of “family members in a relationship who are unable to leave the relationship.” Soriano-Salinas testified that she feared returning to Honduras because her former partner had psychologically and physically abused her and Richardson. At one point, her partner was arrested, but she withdrew the report within twenty-four hours so that he would be able to leave police custody and return home. The physical abuse continued, but Soriano-Salinas did not file another police report or leave the relationship because she stated she loved him. Eventually she decided to leave and fled to the United States with Richardson. Since fleeing, she has received threatening messages from her former partner. The IJ denied the applications. The IJ determined that the petitioners were not entitled to asylum or withholding of removal because they had failed to demonstrate that they were subjected to past persecution or that they faced a clear probability of future persecution on account of a protected ground. 2 Case: 20-60449 Document: 00516156835 Page: 3 Date Filed: 01/06/2022 No. 20-60449 After determining that the proposed social group consisting of “Honduran women unable to leave domestic relationships” might be cognizable, the IJ determined that Soriano-Salinas failed to demonstrate that she was a member of that particular social group. The IJ further found that her fear of future …

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