Williams Baina Antezan v. U.S. Attorney General

Case: 16-17475 Date Filed: 12/06/2017 Page: 1 of 15 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-17475 Non-Argument Calendar ________________________ Agency No. A088-011-681 WILLIAMS BAINA ANTEZAN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (December 6, 2017) Before MARCUS, JILL PRYOR and FAY, Circuit Judges. PER CURIAM: Case: 16-17475 Date Filed: 12/06/2017 Page: 2 of 15 Williams Baina Antezan,1 a native and citizen of Bolivia, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). The BIA’s decision rested on its conclusion that Antezan failed to meet the particular social group requirement for asylum and withholding of removal and to demonstrate it was more likely than not that he would be tortured such that he would be eligible for CAT relief. After careful review, we deny Antezan’s petition. I. BACKGROUND Antezan obtained a multiple entry visa and, beginning in 2007, was admitted to the United States several times. In 2010, after having entered the United States on five previous occasions, remaining very close to the legal time limit, and then engaging in a consistent pattern of short exits, the Department of Homeland Security (“DHS”) detained Antezan upon his arrival at the Miami airport. Based on this pattern of behavior, which—along with his inconsistent statements, unemployment, and inability to explain his pattern of visits—apparently evidenced that he intended to immigrate to the United States without an immigrant visa, DHS 1 The government refers to the petitioner as “Williams Baina Antenaz” or, alternatively, “Baina.” We note that Antenaz appears to be a misspelling of the petitioner’s name. Petitioner’s brief does not indicate his preferred name; we refer to him herein as Antezan. 2 Case: 16-17475 Date Filed: 12/06/2017 Page: 3 of 15 obtained an order of removal for Antezan. In response, Antezan claimed that he feared returning to Bolivia. An asylum officer found that his fear was credible, so Antezan was paroled into the United States and his initial removal proceedings were terminated. A. Application for Asylum, Withholding of Removal, and CAT Relief Antezan thereafter applied for asylum, withholding of removal, and CAT relief. In his application, Antezan stated that he was the financial leader of a Bolivian Company, Orion Bolivia. He and Jose Moscoso formed Orion Bolivia to invest funds in the New York Stock Exchange. They began with 24 investors, including themselves, and eventually acquired 900 investors. They entrusted the company’s money to a man named Hector Gallardo; Gallardo in turn invested the money in another company and lost it all. Orion Bolivia investors soon learned of the losses, and some threatened retaliation against Antezan and Moscoso. Antezan alleged that the investors threatened to retaliate against him and his family with violence. One investor, a nephew of the President of Bolivia, threatened to ...

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