Yesenia Hernandez-De Cornejo v. Matthew Whi


Case: 17-60519 Document: 00514802190 Page: 1 Date Filed: 01/18/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-60519 January 18, 2019 Summary Calendar Lyle W. Cayce Clerk YESENIA HERNANDEZ-DE CORNEJO; SOFIA VERENICE CORNEJO- HERNANDEZ, Petitioners v. MATTHEW G. WHITAKER, ACTING U. S. ATTORNEY GENERAL, Respondent Petitions for Review of an Order of the Board of Immigration Appeals BIA No. A202 081 004 BIA No. A202 081 005 Before BENAVIDES, HAYNES, and WILLETT, Circuit Judges. PER CURIAM: * Yesenia Hernandez-De Cornejo and her daughter Sofia Verenice Cornejo-Hernandez, natives and citizens of El Salvador, petition for review of decisions of the Board of Immigration Appeals (BIA). The BIA dismissed their appeal and affirmed the order of the immigration judge (IJ) that denied their requests for asylum, withholding of removal, and relief under the Convention * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 17-60519 Document: 00514802190 Page: 2 Date Filed: 01/18/2019 No. 17-60519 Against Torture (CAT). The BIA also denied their motion to reconsider the dismissal of their appeal. Maintaining that she is entitled to asylum, withholding of removal, and CAT relief, Hernandez-De Cornejo contends that she adequately demonstrated eligibility for relief based on her membership in a particular social group, her political opinion, and her religion. We review the BIA’s decision and will consider the IJ’s decision only to the extent it influenced the BIA. Shaikh v. Holder, 588 F.3d 861, 863 (5th Cir. 2009). Questions of law are reviewed de novo, and factual findings are reviewed for substantial evidence. Id. Under the substantial evidence standard, “reversal is improper unless we decide not only that the evidence supports a contrary conclusion, but [also] that the evidence compels it.” Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir. 2005) (internal quotation marks and citation omitted). The alien has the burden of proving the required compelling nature of the evidence. Majd v. Gonzalez, 446 F.3d 590, 594 (5th Cir. 2006). As an initial matter, Hernandez-De Cornejo has abandoned by failing to brief any meaningful argument to the denial of her claim for asylum and withholding of removal based on alleged past persecution. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003); FED. R. APP. P. 28(a)(8)(A). Hernandez-De Cornejo contends that the BIA erred by applying Matter of S-E-G-, 24 I. & N. Dec. 579, 582 (BIA 2008), which held that a particular social group must “have particular and well-defined boundaries” and it must “possess a recognized level of social visibility.” Relying on Seventh Circuit case law, she contends that those requirements are inherently illogical, ambiguous, and impermissible. Her argument is unavailing. In Orellana-Monson v. Holder, 685 F.3d 511, 521 (5th Cir. 2012), we upheld the particularity and social visibility test and concluded that it is entitled to deference under Chevron, U.S.A., Inc. v. ...

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