Jaime Guarnizo Mosquera v. U.S. Atty. Gen.

158 F. App'x 180
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 16, 2005
Docket05-12238; Agency A95-551-340 and A95-551-341
StatusUnpublished

This text of 158 F. App'x 180 (Jaime Guarnizo Mosquera 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
Jaime Guarnizo Mosquera v. U.S. Atty. Gen., 158 F. App'x 180 (11th Cir. 2005).

Opinion

PER CURIAM:

Jaime Guarnizo-Mosquera (“Guarnizo”), through counsel, petitions this Court for review of the Board of Immigration Appeals’ (“BIA”) order affirming the immigration judge’s (“IJ”) decision denying asylum and withholding of removal under the Immigration and Nationality Act (“INA”), and relief under the United Nations Convention on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). 1 Guarnizo argues on appeal that (1) the BIA and IJ erred in determining that no changed or extraordinary circumstances existed that warranted the consideration of Guarnizo’s untimely application for asylum; (2) the IJ’s adverse credibility determination was not supported by substantial evidence; and (3) the IJ’s alternative determination, that is, that Guarnizo failed to establish that, if he was removed to Colombia, it is more likely than not that his life or freedom would be threatened due to his membership in a social group or his political opinion, also was not supported by substantial evidence. For the reasons set forth more fully below, we dismiss Guarnizo’s petition as it relates to his asylum claim, and we deny it as it relates to withholding of removal. 2

*182 On December 30, 1999, Guarnizo, a native and citizen of Colombia, entered the United States as a non-immigrant visitor for pleasure, with authorization to remain in the United States for a period not to exceed June 28, 2000. On May 28, 2002, Guarnizo, who had remained in the United States, filed an application for asylum and withholding of removal, asserting that, if he returned to Colombia, he would be persecuted by the Revolutionary Force of Colombia (“FAJtC”), a guerilla group, on account of his membership in a particular social group and his political opinion. 3 As part of his application, Guarnizo included that he was employed as Vice President of Credit with the Mortgage Bank of Ahorramas (“Ahorramas”), from January 1998 through May 1999, along with presenting a letter from Ahorramas verifying these dates. In an addendum to this application, however, Guarnizo stated that he worked at Ahorramas as General Controller from January 1997 through November 1997, and as Vice Present of Credit from May 1998 through May 1999. 4

In October 2002, the Immigration and Naturalization Service (“INS”) 5 served Guarnizo, his wife, and his son with notices to appear (“NTAs”), charging them with removability, pursuant to INA § 237(a)(1)(B), 8 U.S.C. § 1101(a)(15), for remaining in the United States for a period longer than permitted. Guarnizo appeared before an IJ and, through counsel, admitted the facts contained in his NTA and conceded removability.

In October 2003, at >a hearing on the petitioners’ applications for asylum and withholding of removal, Guarnizo, who was the only witness, offered the following testimony. Guarnizo had degrees in statistics and finance and, prior to entering the United States, had been employed as a banker in Bogota, Colombia. From January 1995 through November 1997, Guarnizo worked at the government-owned Central Mortgage Bank, at which he was “in charge of the Colombian government’s program for public housing.” Guarnizo’s specific job duties included “explaining] and defending] the housing policies of the government,” and working on “loan requests for credit.”

*183 In August 1997, while Guarnizo, a subordinate, and a manager of a construction company were inspecting a lot for future development in Bogota, a man on horseback approached Guarnizo, asked Guarnizo to speak with him alone, and then ordered Guarnizo to suspend his activities because the proposed development, which would be an “inconvenience” to the FARC, would (1) “close down a corridor of mobilization which was very important to them,” and (2) “delay!] the worsening of the class struggle.” After this man on horseback disappeared, Guarnizo terminated the meeting and returned to his office. 6 However, based on Guarnizo’s belief that Colombian authorities had been infiltrated by the FARC, he did not mention this exchange to anyone other than his subordinate.

Guarnizo continued in this position with the Central Mortgage Bank until November 30, 1997, after which time he accepted a position with the privately owned Ahorramas, which also was located in Bogota, and which agreed to increase Guarnizo’s yearly salary by two-million pesos. Moreover, in May 1999, Guarnizo received a telephone call from an unidentified man, who stated that Guarnizo had to leave Colombia within one week because Guarnizo (1) had ignored the FARC’s warning in August 1997, and (2) was working with the Neighbor’s Cooperative of Mandalay (“Cooperative”). 7 Guarnizo reported this call to the President of Ahorramas, and he quit the Cooperative, but he again did not notify any government authorities about the threat.

Also in May 1999, Guarnizo left his position with Ahorramas, based on (1) the May 1999, threat from the FARC, and (2) his deteriorating health. 8 Guarnizo then went into hiding with his family at his sister-in-law’s house in Colombia, which was a 45-minute drive north of Bogota. Guarnizo stated that he could not relocate to another area of Colombia because only Bogota contained the types of jobs for which he was qualified and which related to his political beliefs. In addition, although Guarnizo’s family had visas to enter the United States for pleasure in May 1999, they did not leave Colombia immediately because Guarnizo was hoping that things would “calm down,” and because his minor son’s school year did not end until November 1999.

In November 1999, Guarnizo’s minor son entered the United States, and a friend registered his son for school. Guarnizo, in turn, entered the United States in Decem *184 ber 1999, at which time he did not inform the immigration officer at the airport that he wished to apply for political asylum because he did not know this relief existed. Guarnizo subsequently obtained a driver’s license through the help of a friend, along with a duplicate license in 2000, due to a change of address. Although he did not initially work, he later went to places where “they [would] come and pick up people to carry out any given activity.” Moreover, in July 2000, after staying behind in Colombia to sell off “properties,” Guarnizo’s wife entered the United States.

In February 2002, Guarnizo’s mother began receiving telephone calls, during which calls people were asking about Guarnizo’s whereabouts. In March 2002, a man came to Guarnizo’s mother’s apartment and asked her where Guarnizo was staying, and in December 2002, the phone calls began again.

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B
21 I. & N. Dec. 66 (Board of Immigration Appeals, 1995)

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Bluebook (online)
158 F. App'x 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaime-guarnizo-mosquera-v-us-atty-gen-ca11-2005.