Sandra Rivera-Gonzalez v. William P. Barr

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0419n.06 No. 18-3809 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Aug 13, 2019 SANDRA ELIZABETH RIVERA- ) DEBORAH S. HUNT, Clerk GONZALEZ, ISMAEL URQUILLA- ) RODRIGUEZ, C-V-U-R, and F-J-U-R, ) ) ON PETITION FOR REVIEW OF Petitioners, ) AN ORDER OF THE BOARD OF ) IMMIGRATION APPEALS v. ) ) WILLIAM P. BARR, Attorney General, ) OPINION ) Respondent. ) ) BEFORE: MOORE, COOK, and THAPAR, Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Petitioners Sandra Elizabeth Rivera- Gonzalez (“Rivera-Gonzalez”), Ismael Urquilla-Rodriguez (“Urquilla-Rodriguez”), C-V-U-R, and F-J-U-R (collectively “Petitioners”), appeal the order by the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Because Petitioners have not challenged the BIA and IJ’s conclusions that they are not members of a particular social group, and, alternatively, because substantial evidence supports the BIA and IJ’s determinations, we deny the petition for review. Additionally, because Petitioners did not challenge the IJ’s denial of their application for CAT protection or withholding of removal before the BIA, we lack jurisdiction to consider those claims and therefore dismiss them. No. 18-3809, Rivera-Gonzalez et al. v. Barr I. FACTUAL & PROCEDURAL BACKGROUND Rivera-Gonzalez and Urquilla-Rodriguez are married and are citizens of El Salvador; they have two children together, C-V-U-R and F-J-U-R, who are also Salvadoran citizens. AR 199– 200 (Rivera-Gonzalez Asylum Appl.). Urquilla-Rodriguez and C-V-U-R arrived in the United States from El Salvador in May 2014. AR 119, 123 (4/16/2015 Immigration Ct. Tr.). Rivera- Gonzalez entered the United States in July 2014 with F-J-U-R. Id. In May and July 2014, the Department of Homeland Security issued Petitioners Notices to Appear (“NTA”) in removal proceedings. AR 262, 334, 405, 470. The NTAs charged each Petitioner with having entered the United States without permission, in violation of 8 U.S.C. § 1182(a)(6)(A)(i). Id. On April 16, 2015, Rivera-Gonzalez and F-J-U-R conceded removability before the immigration court. AR 119–20 (4/16/2015 Immigration Ct. Tr.). Following a hearing, the immigration court found Urquilla-Rodriguez and C-V-U-R were also removable. See AR 147 (8/16/2017 Immigration Ct. Tr.). On May 7, 2015, Urquilla-Rodriguez and Rivera-Gonzalez filed separate applications for asylum, withholding of removal, and CAT protection; both listed the other as derivatives on their application. R. 199–201 (Rivera-Gonzalez Asylum Appl.); AR 365–67 (Urquilla-Rodriguez Asylum Appl.). C-V-U-R and F-J-U-R were also listed as derivatives of their parents’ asylum applications. Id. In their applications, Petitioners alleged that they had been subjected to past persecution and also had a well-founded fear of future persecution in El Salvador due to their political opinions and because they refused to support the Salvadoran gangs. AR 203–08 (Rivera- Gonzalez Asylum Appl.); AR 371–75 (Urquilla-Rodriguez Asylum Appl.). 2 No. 18-3809, Rivera-Gonzalez et al. v. Barr On August 16, 2017, the Petitioners attended a consolidated merits hearing before an Immigration Judge to resolve their asylum applications. AR 142, 150 (8/16/2017 Immigration Ct. Tr.). They also submitted additional documentation, including ...

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