Jessica Murillo-Oliva v. Merrick B. Garland

NOT RECOMMENDED FOR PUBLICATION File Name: 22a0436n.06 No. 21-3062 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Oct 26, 2022 ) DEBORAH S. HUNT, Clerk JESSICA ROSMERY MURILLO-OLIVA, ) ) Petitioner, ON PETITION FOR REVIEW ) OF AN ORDER OF THE ) v. BOARD OF IMMIGRATION ) APPEALS MERRICK B. GARLAND, Attorney General, ) ) Respondent. OPINION ) ) Before: SUTTON, Chief Judge; BOGGS and KETHLEDGE, Circuit Judges. BOGGS, Circuit Judge. In February 2014, two years after the gruesome killing of her cousin in Honduras, Jessica Murillo-Oliva illegally entered the United States. She applied for asy- lum and withholding of removal, claiming that she feared persecution as a member of a particular social group (PSG) consisting of “females from Honduras whose family members have been threatened or harmed by the gangs.” An immigration judge (IJ) denied her applications, and the Board of Immigration Appeals (BIA) dismissed her appeal. The agency rejected Murillo-Oliva’s proposed group under the Immigration and Nationality Act, a decision that Murillo-Oliva argues is inconsistent with two recent decisions by the Attorney General. But the agency also found that Murillo-Oliva failed to prove that she would be persecuted in Honduras because she was a female family member of a victim of gang violence—the nexus requirement. Substantial evidence sup- ports this second part of the agency’s decision, making a remand futile. Accordingly, we deny the petition for review. No. 21-3062, Murillo-Oliva v. Garland I. BACKGROUND A. Facts Late in the summer of 2012, Luis Omar Garcia went missing. He had been living with the family of his cousin, Jessica Murillo-Oliva, who was fourteen years old at the time, in Olancho, Honduras. Before Garcia disappeared, he had taken care of a friend or colleague’s house and vis- ited frequently, only to stop visiting, which Murillo-Oliva and her family found strange. When Garcia went missing, Murillo-Oliva’s family thought that he might have gone somewhere else to preach, as he had done in the past, but people in the community had not seen him. Weeks later, the family found out through the news that Garcia was dead. According to Murillo-Oliva, “you couldn’t recognize his face, blood was smeared on the walls, and his clothing was just thrown on the floor.” The family reported Garcia’s killing to the authorities, but Murillo- Oliva does not know whether they investigated and never found out who killed him. Soon after Garcia’s death, Murillo-Oliva and her family relocated within Honduras. They did not experience any threats or harassment at their new location. Two years later, in February 2014, Murillo-Oliva illegally entered the United States at or near Hidalgo, Texas. B. Agency Proceedings On February 28, 2014, DHS served a Notice to Appear on Murillo-Oliva, charging her with inadmissibility. On September 28, 2015, at a hearing before an IJ, Murillo-Oliva conceded the charge. That same day, she applied for asylum and withholding of removal. On October 29, 2018, Murillo-Oliva appeared before an IJ in Memphis, Tennessee, where she testified that she came to the United States …

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