V. E. E-O. v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 18-3063 _____________ V. E. E-O.; A. M. V-E., Petitioners v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA _____________ On Petition for Review of an Order of the Board of Immigration Appeals (Nos. A208-378-441 & A208-378-440) Immigration Judge: Steven A. Morley Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 9, 2019 Before: CHAGARES, JORDAN, and RESTREPO, Circuit Judges. (Filed: October 11,2019) ___________ OPINION * ___________ CHAGARES, Circuit Judge. * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. V. E. E-O. and A. M. V-E. 1 petition for review of an order of the Board of Immigration Appeals (“BIA”) affirming the denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). For the following reasons, we will deny their petition. I. E-O. is a native and citizen of Honduras. In August 2015, she and her minor daughter, V-E., entered the United States without valid documentation. The Department of Homeland Security initiated removal proceedings, charging them with removability under § 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act. E-O. conceded their removability, but sought asylum, withholding of removal, and protection under the CAT. The Immigration Judge (“IJ”) held a hearing in April 2017. There, the IJ heard testimony from Rosa Maria Sanchez-Figueroa. Sanchez-Figueroa testified that she loved and treated E-O. like a daughter. Back in Honduras, they were neighbors who shopped together, attended church together, and celebrated Mother’s Day together. Sanchez- Figueroa also helped care for E-O.’s daughter when she was born. Indeed, as E-O. would testify, the two saw each other almost every day. Sanchez-Figueroa testified that, in 2011, her son Edis became the target of a gang after he stopped gang members from mugging an elderly woman on Easter. She testified that one night in June 2011 fifteen gang members came to the Sanchez-Figueroa home looking for Edis. The gang members attacked the family with machetes, seriously 1 Consistent with our order of October 5, 2018, we identify both petitioners by their initials. 2 injuring Edis and Sanchez-Figueroa’s partner, Elvis. Nobody came to help — except E- O. As E-O. would later testify, doing so put her at risk and terrified her. Nonetheless, she helped get Edis and Elvis to a hospital. Edis survived the attack, but Elvis died from his injuries. A couple of months later, the gang eventually caught up with Edis. Sanchez- Figueroa testified that, one day, Edis was running an errand when some men playing cards asked him for directions. They then shot him to death. The gang continued to target Sanchez-Figueroa. She testified that they set her step-father’s car on fire outside her mother’s house. Sanchez-Figueroa also testified that a woman showed up and told her that “[y]our family will be killed by bullets or set on fire.” AR 232. And, Sanchez-Figueroa testified, a man with a rock would sit outside her mother’s house ...

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