Maradiaga-Sandeal v. Garland


Case: 20-60767 Document: 00516408912 Page: 1 Date Filed: 07/27/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 27, 2022 No. 20-60767 Lyle W. Cayce Clerk Bertha Maria Maradiaga-Sandeal; Erick Daniel Ramires-Maradiaga; Yeri Josue Ramires-Maradiaga; Edwin Sady Ramirez-Maradiaga; Johan Danilo Ramirez- Maradiaga, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review from the Board of Immigration Appeals Agency No. A206 783 021 Agency No. A206 783 022 Agency No. A206 783 023 Agency No. A206 783 024 Agency No. A206 783 025 Before Richman, Chief Judge, and Wiener and Willett, Circuit Judges. Case: 20-60767 Document: 00516408912 Page: 2 Date Filed: 07/27/2022 No. 20-60767 Per Curiam:* Bertha Maria Maradiaga-Sandeal and her four children arrived in the United States without documentation. They applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) denied their application and the Board of Immigration Appeals (BIA) dismissed the appeal. Maradiaga-Sandeal did not contest several dispositive findings of the IJ at the BIA. We lack jurisdiction to review those findings and deny her petition. I The facts of this petition are generally not in dispute. Maradiaga- Sandeal and her four children fled Honduras after being kidnapped and extorted by gang members because the family had failed to pay a “war tax” demanded by the gang. One of her children had previously been kidnapped by gang members. The gang had cut off the child’s pinky finger and mailed it to the family with a note demanding payment of the war tax. The family was also threatened with death on several occasions when they failed to pay the gang. Maradiaga-Sandeal and her children—as riders on her application— arrived in the United States without documentation. They claimed to have been persecuted because of their political opinion and membership in a particular social group, which, on appeal, they identify as family members of their father. The IJ determined that the gang’s various death threats, when combined with the kidnappings and mutilation of the child’s finger, amounted to persecution. The IJ denied relief, however, for several reasons. First, the IJ determined that the proposed particular social groups were not cognizable. Next, the IJ found that Maradiaga-Sandeal had failed to * Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4. 2 Case: 20-60767 Document: 00516408912 Page: 3 Date Filed: 07/27/2022 No. 20-60767 demonstrate a nexus between her harm and a protected ground; rather, the IJ found, she was harmed as a result of simple criminal extortion. The IJ also denied relief because Maradiaga-Sandeal had failed to establish that the Honduran government was unwilling or unable to assist her with the gang. Additionally, the IJ denied relief because Maradiaga-Sandeal had failed to establish that she was unable to relocate internally within Honduras. Finally, the IJ determined that Maradiaga-Sandeal was ineligible for …

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