Valdez Coria v. Garland


Case: 19-60707 Document: 00516109324 Page: 1 Date Filed: 11/29/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 29, 2021 No. 19-60707 Lyle W. Cayce Clerk Gibrann A. Valdez Coria, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A215 549 406 Before Jones, Southwick, and Engelhardt, Circuit Judges. Per Curiam:* The petitioner entered the United States from Mexico without au- thorization. The Board of Immigration Appeals ordered his removal, reject- ing all his claims, including that authorities in Mexico have been unable or unwilling to prevent his persecution for being homosexual. We conclude that no error has been shown and DENY the petition for review. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-60707 Document: 00516109324 Page: 2 Date Filed: 11/29/2021 No. 19-60707 FACTUAL AND PROCEDURAL BACKGROUND Gibrann Valdez Coria is a native and citizen of Mexico. He and his male partner lived in the Mexican city of Morelia. He testified at the hearing before an Immigration Judge (“IJ”) that he and his partner had revealed their relationship to their families but remained discreet in public to avoid harass- ment. Still, Valdez Coria claims he was harassed multiple times in his hometown for being homosexual. Once, in 2014, while Valdez Coria and his partner were playing bas- ketball, two armed men approached them and attempted to rob them. Valdez Coria recalled that the armed men called them “young ladies,” which he be- lieves supports they were targeted for being gay. They were able to escape. Despite neighbors calling the police, the police never came. Earlier that same year, another event took place at a local bus terminal. There, a woman har- assed the two men because they were holding hands. She called them “fags,” told them they could not hold hands there, and asked them to leave. The woman then called the police. The police escorted the men out of the termi- nal, despite Valdez Coria’s protesting they had done nothing wrong. Valdez Coria believed this was indicative of the police being unwilling to help. In March 2018, Valdez Coria and his partner were leaving a movie theater when a vehicle containing four armed men wearing bulletproof vests stopped them, calling them “young ladies.” One of the four men said, “well now you’re f***ed because you just ran into the Michoacana Family,” which is a criminal cartel. They physically forced Valdez Coria and his partner into the vehicle, compelled them to state their address, and then drove there. Af- ter entering the home, the four men searched the premises and found photos of the couple holding hands on a beach. Two of the attackers then raped Val- dez Coria and his partner. When the attackers left, they stole documents 2 …

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