Wilmar Burgos Gonzalez v. U.S. Attorney General

USCA11 Case: 22-10722 Document: 18-1 Date Filed: 01/24/2023 Page: 1 of 13 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10722 Non-Argument Calendar ____________________ WILMAR BURGOS GONZALEZ, JERONIMO BURGOS BALLESTEROS, JUAN J. BURGOS BALLESTEROS, MONICA R. BALLESTEROS CLAROS, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ USCA11 Case: 22-10722 Document: 18-1 Date Filed: 01/24/2023 Page: 2 of 13 2 Opinion of the Court 22-10722 Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A202-175-189 ____________________ Before GRANT, LUCK, and ANDERSON, Circuit Judges. PER CURIAM: Wilmar Burgos Gonzalez, the lead petitioner, 1 and his wife and two sons seek review of the Board of Immigration Appeals’ final order affirming the immigration judge’s denial of his applica- tion for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, In- human or Degrading Treatment or Punishment. We partly grant and partly dismiss Burgos Gonzalez’s petition. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Burgos Gonzalez and his family, natives and citizens of Co- lombia, entered the United States without inspection in October 2014. Because they lacked valid entry documents, the Department of Homeland Security charged them with inadmissibility and served them with notices to appear before the immigration judge. In February 2017, Burgos Gonzalez applied for asylum, withholding of removal, and relief under the Convention Against 1 Because Burgos Gonzalez’s wife and two sons are derivative beneficiaries on his asylum claim and do not assert their own claims for relief from removal, this opinion primarily addresses Burgos Gonzalez and his claims. USCA11 Case: 22-10722 Document: 18-1 Date Filed: 01/24/2023 Page: 3 of 13 22-10722 Opinion of the Court 3 Torture, claiming he was persecuted on account of his political opinion and membership in a particular social group. In his appli- cation, Burgos Gonzalez stated that he feared kidnapping and tor- ture by the Revolutionary Armed Forces of Colombia, known as FARC, a Marxist–Leninist guerilla organization that had been ac- tive in Colombia since 1964. Burgos Gonzalez explained that, as an attorney, he’d advised a group of Colombian businessmen to form an association to col- lectively petition the authorities for protection against extortion by FARC. He participated in three meetings of the association be- tween December 2009 and January 2010. Then, Burgos Gonzalez began receiving anonymous calls demanding that he pay extortion and threatening to kill him and his family if he didn’t. In June 2010, upon leaving his home by car, he noticed two individuals on a mo- torcycle following him. He said the motorcycle passenger pointed a firearm in Burgos Gonzalez’s direction, and Burgos Gonzalez ac- celerated through traffic. The two men fled when he arrived at a nearby police station. For the next two weeks, the threatening phone calls continued; the callers identified themselves as FARC members and told Burgos Gonzalez in one call that he’d been lucky the motorcyclists hadn’t killed him. Because of the threats and the motorcycle incident, Burgos Gonzalez moved twice, …

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