Fermin Chirinos-Ardon v. William P. Barr

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0326n.06 No. 18-4047 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jun 26, 2019 FERMIN OMAR CHIRINOS-ARDON, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION WILLIAM P. BARR, Attorney General, ) APPEALS ) Respondent. ) ) BEFORE: SILER, BATCHELDER, and DONALD, Circuit Judges. PER CURIAM. Fermin Omar Chirinos-Ardon, a native and citizen of Honduras, petitions this court for review of an order of the Board of Immigration Appeals (BIA) summarily dismissing his appeal from the denial of his application for withholding of removal and protection under the Convention Against Torture (CAT). As set forth below, we DISMISS the petition for lack of jurisdiction. In 2011, the Department of Homeland Security served Chirinos-Ardon with a notice to appear in removal proceedings, charging him with removability as an alien present in the United States without being admitted or paroled. See 8 U.S.C. § 1182(a)(6)(A)(i). In a hearing before an immigration judge (IJ), Chirinos-Ardon admitted the factual allegations set forth in the notice to appear, with the amendment that he arrived in the United States by crossing the border into Texas in 2002, and conceded removability as charged. The IJ sustained the charge of removability based on Chirinos-Ardon’s admissions and concession. No. 18-4047 Chirinos-Ardon v. Barr Chirinos-Ardon filed an application for withholding of removal based on his membership in a particular social group and for protection under the CAT. With respect to his membership in a particular social group, Chirinos-Ardon asserted, “Respondent is surviving family member whose brother was a victim of the vicious criminal assault by gang members in his native country, who also threaten to kill respondent and members of respondent’s family.” (AR 265). At the merits hearing, Chirinos-Ardon testified that gang members shot and killed his nephew and his brother in separate incidents and that he will be killed if he returns to Honduras. According to Chirinos-Ardon, gang members will think that he will retaliate against them for attacking his family. The IJ denied Chirinos-Ardon’s application for withholding of removal and CAT protection, but granted his request for voluntary departure. The IJ found that Chirinos-Ardon testified credibly and provided corroboration for his claims, but that his testimony and corroborating evidence failed to carry his burden of proof as to the legal elements of his claims. According to the IJ, Chirinos-Ardon had failed to establish past persecution because he had not experienced any harm or threats directly. Pointing out that Chirinos-Ardon did not fear harm by the government in Honduras, the IJ concluded that he had failed to demonstrate that government authorities would be unable or unwilling to provide assistance if he or his family reported problems with gang members. The IJ went on to determine that Chirinos-Ardon had failed to establish the required nexus between his feared harm in Honduras and a statutorily protected ground. According to the IJ, the particular social group proposed by Chirinos-Ardon ...

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