USCA11 Case: 21-11247 Date Filed: 03/10/2022 Page: 1 of 7 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-11247 Non-Argument Calendar ____________________ WILMER GARCIA-ORTIZ, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A208-933-641 ____________________ USCA11 Case: 21-11247 Date Filed: 03/10/2022 Page: 2 of 7 2 Opinion of the Court 21-11247 Before JILL PRYOR, BRANCH, and GRANT, Circuit Judges. PER CURIAM: Wilmer Garcia-Ortiz petitions for review of the decision of the Board of Immigration Appeals denying his application for withholding of removal. But proving neither that membership in a particular social group caused him to suffer persecution nor that he will likely experience government-condoned torture if deported, Garcia-Ortiz fails to satisfy the prerequisites for withholding. We therefore deny his petition. I. Honduran national Garcia-Ortiz left his home country and entered the United States without inspection in 2012. A few years later he was arrested and convicted for driving under the influence, and soon afterwards the Department of Homeland Security initiated removal proceedings against him. Garcia-Ortiz conceded that the government had authority to remove him under 8 U.S.C. §§ 1182(a)(6)(A)(i) and 1182(a)(7)(A)(i)(I), but he also filed an application for withholding of removal. To justify his request, Garcia-Ortiz asserted that he had been and would be persecuted in Honduras because he belonged to two particular social groups—“Honduran male[s] who have been actively recruited by the international criminal organizations that operate in his home country and who have refused to join” and “U.S. Deportees.” See 8 U.S.C. § 1231(b)(3)(A). He also asked for protection under the United Nations Convention Against Torture, USCA11 Case: 21-11247 Date Filed: 03/10/2022 Page: 3 of 7 21-11247 Opinion of the Court 3 claiming that he would probably be “tortured and murdered” by the criminal gang Mara-18—and that the police would acquiesce because they would be unable to stop it. In his application and at his hearing before the immigration judge, Garcia-Ortiz described several instances from his life in Honduras when he had been robbed. In early 2010, Garcia-Ortiz had moved from rural Langue to the capital of Honduras, Tegucigalpa, and had started working for his girlfriend’s father Larios, an auto parts distributor. Within his first few months there, he was solicited by members of the Mara-18 gang; he refused their recruitment offer, and they told him he would “regret” that choice. Over the next two years, Garcia-Ortiz was robbed by masked men five times and twice sustained severe injuries. After the first robbery, Larios warned him “to be very careful because it was very common for people to be robbed by the members of the criminal organization MARA-18.” The second time, Garcia-Ortiz was robbed as he was leaving a bank, where he had just cashed a large check. Outside the bank, three armed men accosted him, demanded the money, and then ran. On the third occasion, he was robbed right after making a business delivery for Larios, and …
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