Rivera-Flores v. Garland


Case: 20-60315 Document: 00516501240 Page: 1 Date Filed: 10/07/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 7, 2022 No. 20-60315 Lyle W. Cayce Clerk Rodolfo Rivera-Flores; Maria Lucrecia Reyes-Oviedo; Ronald Roney Rivera-Reyes; Jesser Josue Rivera-Reyes; Norma Marbella Rivera-Reyes, Petitioners, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A208 758 033 BIA No. A208 759 744 BIA No. A206 764 923 BIA No. A208 759 745 BIA No. A208 758 034 Before Graves, Willett, and Engelhardt, Circuit Judges. Per Curiam:* * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-60315 Document: 00516501240 Page: 2 Date Filed: 10/07/2022 No. 20-60315 Rodolfo Rivera-Flores (“Rivera”), a native and citizen of Honduras, sought asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) after the Department of Homeland Security charged that he, his wife Maria Lucrecia Reyes-Oviedo (“Reyes”), and their children Ronald Roney Rivera-Reyes, Jesser Josue Rivera-Reyes, and Norma Marabella Rivera-Reyes were removable as aliens present in the United States without being admitted or paroled. 1 The immigration judge (“IJ”) and Board of Immigration Appeals (“BIA”) rejected his application, so Rivera petitioned for our review. For the reasons stated below, we DENY Rivera’s petition. I Rivera’s argument for asylum centers on his service as an elected official in Honduras, so we begin by reviewing that history, which we draw from the administrative record. Rivera and his wife, Reyes, were born and lived in Meámbar, Honduras. Rivera ran a store attached to his home and was active in local politics as a member of the Liberal Party since 1995. Historically, Honduras’ principal political parties have been the Liberal Party and the National Party. In 2000, Rivera was the Liberal Party candidate for Mayor of Meámbar. Though Rivera lost this election to the National Party candidate, he was automatically appointed as the First Council Member of Meámbar’s municipal council and served without incident from 2001 to 2004. In 2005, José Manuel Zelaya, a member of the Liberal Party, was elected President of Honduras. The following year, Rivera ran for a second 1 Rivera included his wife and children in his application for relief claiming asylum, withholding of removal, and protection under the Convention Against Torture. 2 Case: 20-60315 Document: 00516501240 Page: 3 Date Filed: 10/07/2022 No. 20-60315 time as the Liberal Party candidate for Mayor of Meámbar and won. Rivera ran on a platform of offering social assistance to those in need and implemented several such programs throughout his term as mayor. In 2009, President Zelaya was deposed in a military backed coup, and the National Party candidate won the subsequent presidential election. That same year, Rivera ran for re-election and lost to Adan Rivera Padilla (“Adan”), a member of the National Party. Once again, …

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