Filed: Jan. 09, 2014
Latest Update: Mar. 02, 2020
Summary: Case: 13-60277 Document: 00512494855 Page: 1 Date Filed: 01/09/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-60277 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 9, 2014 DORIS VIANEY CULEBRO TRINIDAD HERNANDEZ, Lyle W. Cayce Clerk Petitioner v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A099 158 876 Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges. PE
Summary: Case: 13-60277 Document: 00512494855 Page: 1 Date Filed: 01/09/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-60277 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 9, 2014 DORIS VIANEY CULEBRO TRINIDAD HERNANDEZ, Lyle W. Cayce Clerk Petitioner v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A099 158 876 Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges. PER..
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Case: 13-60277 Document: 00512494855 Page: 1 Date Filed: 01/09/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-60277
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
January 9, 2014
DORIS VIANEY CULEBRO TRINIDAD HERNANDEZ,
Lyle W. Cayce
Clerk
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A099 158 876
Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Doris Vianey Culebro Trinidad Hernandez, a native and citizen of
Mexico, has filed a petition for review of the order of the Board of Immigration
Appeals (BIA) affirming the denial of her application for withholding of
removal. Hernandez sought withholding of removal based on threatening
phone calls she and her family received from individuals in Mexico demanding
money.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-60277 Document: 00512494855 Page: 2 Date Filed: 01/09/2014
No. 13-60277
We review the order of the BIA and will consider the underlying decision
of the immigration judge only if it had some impact upon the BIA’s decision.
Orellana-Monson v. Holder,
685 F.3d 511, 517 (5th Cir. 2011). “To be eligible
for withholding of removal, an applicant must demonstrate a clear probability
of persecution on the basis of race, religion, nationality, membership in a
particular social group, or political opinion.” Chen v. Gonzales,
470 F.3d 1131,
1138 (5th Cir. 2006) (internal quotation marks and citations omitted).
Hernandez contends that the BIA erred in determining that she failed to
demonstrate past persecution and a clear probability of future persecution.
She also challenges the BIA’s alternative determination that she failed to
demonstrate membership in a particular social group for purposes of
withholding of removal. The BIA’s determination that an alien is not eligible
for withholding of removal is reviewed under the substantial evidence
standard.
Chen, 470 F.3d at 1134. Under that standard, we will not reverse
the BIA’s decision unless the evidence not only supports a contrary conclusion
but compels it.
Id.
Members of Hernandez’s family continue to live in Mexico, and she and
her family have not been harmed beyond receiving threatening phone calls
demanding money. Economic extortion does not constitute a form of
persecution under immigration law. Castillo-Enriquez v. Holder,
690 F.3d 667,
668 (5th Cir. 2012). The BIA’s determination that Hernandez failed to make
the requisite showing regarding persecution is supported by substantial
evidence.
The petition for review is DENIED.
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