Filed: Aug. 20, 2020
Latest Update: Aug. 21, 2020
Summary: Case: 19-60852 Document: 00515535345 Page: 1 Date Filed: 08/20/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 20, 2020 No. 19-60852 Lyle W. Cayce Summary Calendar Clerk Siria Rosario Estrada-Zambreno; Willy Jahir Murillo- Estrada; Marbella Guadalupe Ramos-Estrada; Owen Gerardo Cruz-Estrada, Petitioners, versus William P. Barr, U. S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeal
Summary: Case: 19-60852 Document: 00515535345 Page: 1 Date Filed: 08/20/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 20, 2020 No. 19-60852 Lyle W. Cayce Summary Calendar Clerk Siria Rosario Estrada-Zambreno; Willy Jahir Murillo- Estrada; Marbella Guadalupe Ramos-Estrada; Owen Gerardo Cruz-Estrada, Petitioners, versus William P. Barr, U. S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals..
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Case: 19-60852 Document: 00515535345 Page: 1 Date Filed: 08/20/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 20, 2020
No. 19-60852 Lyle W. Cayce
Summary Calendar Clerk
Siria Rosario Estrada-Zambreno; Willy Jahir Murillo-
Estrada; Marbella Guadalupe Ramos-Estrada; Owen
Gerardo Cruz-Estrada,
Petitioners,
versus
William P. Barr, U. S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A209 999 164
BIA No. A209 999 165
BIA No. A209 999 166
BIA No. A209 999 167
Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam:*
*
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not be published and is not precedent except under the limited circumstances set forth in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: 19-60852 Document: 00515535345 Page: 2 Date Filed: 08/20/2020
No. 19-60852
Siria Rosario Estrada-Zambreno and her three minor children, Willy
Jahir Murillo-Estrada, Marbella Guadalupe Ramos-Estrada, and Owen
Gerardo Cruz-Estrada, are natives and citizens of Honduras who concede
that they are removable from the United States for entering without
authorization. Through Estrada-Zambreno, they applied for asylum and
withholding of removal.
At her removal hearing, Estrada-Zambreno testified that she had to
close her beauty salon in Honduras because she received a note from a gang
demanding money, and her failure to pay would result in harm to her family
members. After she closed her salon, she started selling confections from her
nearby home for approximately one year, but it was not enough to support
her children. She never received another threat and was never physically
harmed. However, she fears returning to Honduras because, according to
her, gangs will kill people who close their businesses after receiving a demand
for money.
The immigration judge (IJ) denied relief, finding that Estrada-
Zambreno failed to demonstrate past persecution of a well-founded fear of
future persecution, and therefore was ineligible for asylum and also
necessarily failed to meet the more demanding standard for withholding of
removal. The Board of Immigration Appeals (BIA) adopted the IJ’s decision
and dismissed the appeal. These petitions for review followed.
Because the BIA adopted the IJ’s decision, we review both the BIA’s
and IJ’s decisions. See Mikhael v. I.N.S.,
115 F.3d 299, 302 (5th Cir. 1997).
The BIA’s legal conclusions are generally reviewed de novo. Siwe v. Holder,
742 F.3d 603, 607 (5th Cir. 2014). Factual findings are reviewed for
substantial evidence, which means that the petitioner has “the burden of
showing that the evidence is so compelling that no reasonable factfinder
could reach a contrary conclusion.” Chen v. Gonzales,
470 F.3d 1131, 1134
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Case: 19-60852 Document: 00515535345 Page: 3 Date Filed: 08/20/2020
No. 19-60852
(5th Cir. 2006). The substantial evidence standard applies “in reviewing an
IJ’s factual conclusion that an applicant is” ineligible for asylum or
withholding of removal.
Id.
Here, the evidence does not compel a finding of past persecution
where Estrada-Zambreno received one note of extortion with a threat of
harm. See Castillo-Enriquez v. Holder,
690 F.3d 667, 668 (5th Cir. 2012);
Chen, 470 F.3d at 1134. And the IJ and BIA reasonably concluded that, based
on the record, Estrada-Zambreno failed to show that her subjective fear of
future persecution is objectively reasonable. See Eduard v. Ashcroft,
379 F.3d
182, 193 (5th Cir. 2004) (noting “the reasonableness of an alien’s fear of
persecution is reduced when his family remains in his native country
unharmed for a long period of time after his departure”). Because we discern
no reversible error in the IJ’s determinations that Estrada-Zambreno failed
to establish past persecution or a well-founded fear of future persecution, we
need not address her additional argument that her proposed social group is
cognizable.
For these reasons, the petitions for review are DENIED.
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