Gleny Lino-Sabio v. William P. Barr


NOT RECOMMENDED FOR PUBLICATION File Name: 20a0166n.06 No. 19-3820 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 23, 2020 GLENY LLESENIA LINO-SABIO; GLENY ) DEBORAH S. HUNT, Clerk ROSARIO SUASO-LINO; ASHLEY ) YARELI SUASO-LINO, ) ) ON PETITION FOR REVIEW Petitioners, ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION v. ) APPEALS ) WILLIAM P. BARR, Attorney General, ) ) Respondent. ) BEFORE: GUY, THAPAR, and BUSH, Circuit Judges. PER CURIAM. Gleny Llesenia Lino-Sabio and her two minor children petition this court for review of an order of the Board of Immigration Appeals (BIA) summarily affirming the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). As set forth below, we DENY the petition for review. Lino-Sabio and her two minor children, natives and citizens of Honduras, entered the United States without inspection in July 2016. Shortly after their entry, the Department of Homeland Security served Lino-Sabio and her children with notices to appear in removal proceedings, charging them with removability as immigrants who, at the time of application for admission, were not in possession of valid entry documents. See 8 U.S.C. §§ 1182(a)(7)(A)(i)(I), 1227(a)(1)(A). Lino-Sabio appeared before an immigration judge (IJ) and conceded removability as charged. No. 19-3820, Lino-Sabio v. Barr Lino-Sabio filed an application for asylum, withholding of removal, and CAT protection and included her children as derivative beneficiaries. Lino-Sabio asserted her fear of members of the Mara 18 gang in Honduras and based her claims for asylum and withholding of removal on her race, Garifuna, and on her membership in an alleged particular social group, the family of Cesar Suazo. At the hearing on her application, Lino-Sabio testified that Cesar Suazo, her husband’s nephew, was taken off a bus and killed by gang members in September 2013. Two years later, in October 2015, two gang members came to Lino-Sabio’s house and asked her for money. When Lino-Sabio did not understand the gang members because they were speaking Spanish and she speaks Garifuna, the gang members hit her on her leg. Lino-Sabio testified that she fled with her children to her mother’s house in another area of Honduras, where they stayed for about three months. While Lino-Sabio was staying with her mother, gang members there asked her for money and threatened to “kill me like they killed my nephew” if she did not pay. Lino-Sabio testified that she is afraid that, if she returns to Honduras, gang members will kill her and her children. At the conclusion of the hearing, the IJ denied Lino-Sabio’s application for asylum, withholding of removal, and CAT protection. With respect to her asylum claim, the IJ found that Lino-Sabio had failed to demonstrate that the gang members targeted her on account of her Garifuna race or her family connection to Cesar Suazo and that she was more likely “a victim of a criminal enterprise for financial gain.” Because she had failed to satisfy the lower burden of proof for asylum, the ...

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