Doris De La I. Tavera Lara v. U.S. Atty. Gen.

188 F. App'x 848
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 3, 2006
Docket05-16094; BIA A96-270-718
StatusUnpublished

This text of 188 F. App'x 848 (Doris De La I. Tavera Lara v. U.S. Atty. Gen.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doris De La I. Tavera Lara v. U.S. Atty. Gen., 188 F. App'x 848 (11th Cir. 2006).

Opinion

PER CURIAM:

Doris de la Inmaculad Tavera Lara, proceeding pro se, petitions for review of the final order of the Bureau of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”) denying her application for asylum and withholding of removal under the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1158, 1231, and relief under the United Nations Convention Against Torture (“CAT”), 8 C.F.R. § 208.16(c). A liberal construction of Tavera Lara’s brief challenges the IJ’s adverse credibility finding and denial of relief as not based on cogent reasons or supported by substantial evidence. Because we find the IJ’s reasons to be cogent and decision to be supported by substantial evidence based on the record taken as a whole, we DENY Tavera Lara’s petition.

I. BACKGROUND

Tavera Lara, a Colombian native and citizen, last entered the United States on 27 December 2001 as a nonimmigrant visitor for pleasure with authorization to remain until 26 December 2002. In early December 2002 she submitted an application for asylum and withholding of removal on the ground that she had suffered persecution in Colombia on the basis of her sexual preference. According to her application, the trouble began in November 1998 when she informed a co-worker that she was gay. She asserted that, in January 1999, she was “dismissed without any reason.” Administrative Record (“AR”) at 616. Shortly thereafter, she began to receive phone calls threatening her professional reputation. She further asserted that she feared “antigay groups[s] who persecute and discriminate [against] gay wom[e]n” in Bogota. Id. She contended that, in 1999 and 2000, many gay women disappeared and were later found dead. Id. In July 2001, one of her friends disappeared, and this drove her decision to come to the United States in August. Id. She returned to Colombia on 17 December 2001 “to spend Christmas with [her] children.” Id. at 619. While there, her “friends told her, [the woman had been found] dead.” Id. at 616. She came back to the United States on 27 December 2001 and made this application for asylum and withholding of removal just under a year later.

In February 2003, Tavera Lara was issued a notice to appear, charging her with removability under INA § 237(a)(1)(B), for “remaining] in the United States for a time longer than permitted.” Id. at 682-83. At a hearing in June 2003, she appeared pro se and testified that she was a Colombian citizen, and that she remained in the United States after her visa expired *850 because she had filed her asylum application and had been told she could stay. Id. at 104. The IJ found that the application was not an extension of her stay, and that she was removable from the United States, as charged. The IJ then continued the hearing on Tavera Lara’s asylum application several times in order to give her an opportunity to obtain legal representation.

At the hearing on her asylum application, Tavera Lara, represented by counsel and testifying in Spanish, said that she had been born in Bogota, Colombia, that she most recently came to the United States in December 2001, and that she had left Colombia because she feared for her life and safety as a result of persecution and threats based on her sexual preference. Id. at 117.

At the time her first lesbian relationship developed, Tavera Lara had been working at Los Andes University for over a decade as an administrative assistant for the department of design. Id. at 122-23. She testified that she had had a cordial relationship with her coworkers, and that she went to parties with them. Id. at 123. She also considered her supervisor to be a friend. Id. She claimed that, up to that point, she had never had problems at work, was always given good evaluations, and also received promotions and raises. Id. She testified that people at work often asked why she did not have a boyfriend, but that she had never had any indication that someone at work thought that she might be gay. Id. at 124-25. Then, at a Halloween party in 1998, because she was not paying any attention to an architect that was interested in her, her supervisor asked her if she was gay, and she told him that she was. Id. at 125. Tavera Lara claimed that, initially, he did not believe her, but that she was able to convince him. Id. She explained that she decided to tell him because she thought he was her friend. Id. One or two weeks later, she contended, the attitude of her coworkers changed. Id. at 126. They were cold, distant, and did not invite her to any celebrations outside of the office. Id. In mid-November, her supervisor gave her a “firing letter.” Id. Her contract, which was set to terminate on 14 January 1999, would not be renewed. Id. at 131. She explained to her supervisor that she needed the job, but he did not change his mind. Id. at 126-27. She testified that, when she asked him for a letter of recommendation, he told her that if she wrote it, he would sign it. Id. at 127. On her last day, she testified, her supervisor finally told her that she was being fired because of her sexual preferences. Id. at 131. On cross examination, she admitted that technically, she was not fired, her contract simply was not renewed.

She explained that she did not have the letter terminating her contract because it was with an attorney she saw when she was thinking of suing the university for unjust firing. Id. at 127. She claimed that her children had later tried to locate the attorney, but he had moved from the city and they were unable to find him. Id.

In searching for a new job, Tavera Lara went to four or five architects who had offered her jobs in the past, but none of them hired her. Id. at 132. She contended that they failed to hire her because of something her supervisor said when they called him for a reference, but was unable to say what exactly he might have said to them. Id. It was at this time, she testified, that she also started receiving harassing telephone phone calls. Id. at 133. She described how the first call she received began cordially: a woman caller addressed her by name, asked if she was looking for a job and inquired about her specialization. Id. at 134. Tavera Lara said that she first believed the woman was interested in of *851 fering her a job. Id. As the conversation progressed, however, the woman began saying that Tavera Lara would not find a job in her specialization because she was a lesbian. Id.

Tavera Lara claimed that she also received calls from a man. Id. at 136. She explained that she was unsure about the frequency of calls in the beginning because she had not been home as often. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sanchez v. U.S. Attorney General
392 F.3d 434 (Eleventh Circuit, 2004)
Ishmail A. D-Muhumed v. U.S. Atty. Gen.
388 F.3d 814 (Eleventh Circuit, 2004)
Chesnel Forgue v. U.S. Attorney General
401 F.3d 1282 (Eleventh Circuit, 2005)
Feng Chai Yang v. United States Attorney General
418 F.3d 1198 (Eleventh Circuit, 2005)
Adefemi v. Gonzales, Attorney General
544 U.S. 1035 (Supreme Court, 2005)
Adefemi v. Gonzales
544 U.S. 1035 (Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
188 F. App'x 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doris-de-la-i-tavera-lara-v-us-atty-gen-ca11-2006.