Katia Romero Lamus v. U.S. Attorney General

285 F. App'x 663
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 21, 2008
Docket07-15497
StatusUnpublished

This text of 285 F. App'x 663 (Katia Romero Lamus v. U.S. Attorney General) 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
Katia Romero Lamus v. U.S. Attorney General, 285 F. App'x 663 (11th Cir. 2008).

Opinion

*664 PER CURIAM:

Katia Romero-Lamus and her three children, citizens and nationals of Venezuela, seek review of the Board of Immigration Appeals’ (“BIA”) final order, affirming the Immigration Judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and Convention Against Torture (“CAT”) relief. They raise two issues on appeal. First, they argue that the IJ erred in finding that they were not credible because that finding was based only on minor inconsistencies in their testimony. Second, they argue that the IJ erred in finding that they had not met their burden of establishing eligibility for asylum, withholding of removal, and CAT relief, because Romero-Lamus’s political activism was the direct cause of an attack on her son, Jesus Salas, and the threats and attacks that the petitioners suffered, taken together, amounted to past persecution.

After review of the record and briefs we find that the IJ’s adverse credibility determination is supported by specific, cogent reasons and substantial evidence, and the record therefore does not compel a contrary finding. Also, the petitioners failed to establish that their alleged ill-treatment rose to the level of persecution, particularly as their testimony was inconsistent and implausible, and they failed to submit corroborating evidence. Accordingly, we DENY the petitions for review.

I. BACKGROUND

Katia Romero-Lamus and two of her three children were admitted into the United States as non-immigrant B-2 visitors on or about 28 July 2004, with permission to remain until 27 January 2005. See AR at 354, 491, 504. Romero-Lamus’s third child, Jesus Salas Romero, was admitted on or about 4 December 2004, as a non-immigrant B-l visitor, with permission to remain until 1 March 2005. See id. at 478. On 16 January 2005, RomeroLamus, the lead petitioner, applied for asylum, withholding of removal and CAT relief. Id. at 289-300. Jesus Salas Romero applied for asylum on 6 July 2005. Id. at 428-438.

In her application, Romero-Lamus stated that she was seeking asylum based on her political opinion and membership in a particular social group, as she feared for her own and her children’s lives, should they be returned to Venezuela, because they had received death threats from followers of Hugo Chavez resulting from the public expression of her political opinions. Id. at 293. She described her work and the resultant threats to her and her family. Romero-Lamus stated that she was persecuted because of her political opinion, “for working for social justice, freedom of ideals[,] as well [as] the principles of a democratic society and human rights.” Id. She was a sympathizer with the political party, Acción Democrática, a member of the Student Center of the Law School since 1979, and a judicial consultant for Neighbors Association of Sabana Grande since 2000. Id. at 294.

In Jesus Salas Romero’s (“Salas”) application for asylum, which was consolidated with Romero-Lamus’s application, Salas stated that his mother had worked as an attorney, belonged to several organizations, was vocal against the Chavez regime, and was threatened by the “Circuios Bolivarianos” where she lived. Id. at 432. On one occasion, a gun was pointed at Romero-Lamus by two men, wearing T-shirts that showed their support for Chavez, but Romero-Lamus was able to get into her car and get away from them. Id. Salas’s brother, Marcos, also had been threatened, and remained traumatized by an incident in which a man had pointed a gun at him from a window opposite his *665 own while Marcos had engaged in a protest against Chavez’s televised speech. Id.

Salas also was threatened when, on 24 July 2004, he was reporting on the Birth of Bolivar festivities for his University’s television station. Id. at 438. Salas was hit by a group of Chavez supporters who appeared to know who he was, and who took away and broke his camera. Id. As, Salas was leaving the festivities, a car occupied by two men stopped in front of him, and one of the men asked him if he was Jesus Salas. Id. When Salas replied yes, one of the men forced him into the back seat of the car, sat next to him, and began questioning the whereabouts of his mother. Id. Salas told them that Romero-Lamus was in Caracas, despite the fact that she actually was in Maracaibo, to which the men responded by pulling out a gun, stating that Romero-Lamus was not in Caracas, and if Salas did not tell them where she was, they would kill him. Id. Once the men realized that Salas had nothing more to say, they warned him to “take care of [his] siblings and [his] mother and to take care [that] she did not continue her activities.” Id. The men took Salas’s identification, drove him to a neighborhood in Maracaibo, and left him there, and after this incident, Romero-Lamus began making plans to move her family out of Venezuela. Id. Salas stated that he feared that, if he and his family were returned to Venezuela, they would be threatened and placed in grave danger because he, his mother, and Marcos each had been threatened at gunpoint, and Chavez’s government was gaining power. Id. at 432. He feared being tortured if he returned to Venezuela because persecution by the Chavez government is continuing to escalate. Id. at 433.

With their applications, Romero-Lamus and Salas submitted several exhibits, including a letter from Carlos Andres Agelvis, the president and founding member of Neighborhood Association of Sabana Grande, who attested that he knew Romero-Lamus, who, from July of 1998 through July 2004, had worked as the organization’s legal advisor, representing members of the Association before justice tribunals, and working to bring the community together in defense of their rights. Id. at 192. Another letter, from the general secretary of Acción Democrática, stated that Romero-Lamus had been a collaborator with Acción Democrática for more than 24 years, “showing dignified conduct of all responsibilities.” Id. at 196.

The record also contained reports on human rights practices in Venezuela. The U.S. Department of State’s Country Report on Venezuela’s Human Rights Practices in 2004 stated: (1) “[i]n July 2000, voters elected President Hugo Chavez ... in generally free and fair elections;” (2) the government’s human rights record remained poor, and the government intimidated its political opponents; (3) “President Chavez, officials in his administration, and members of his political party consistently attacked the independent media, the political opposition, labor unions, the courts, the Church, and human rights groups;” and (4) government supporters “threatened, intimidated, and physically harmed at least dozens of individuals opposed to Chavez during the year.” Id. at 263-64. A 2005 report by Amnesty International stated that “[p]olitical polarization continued to destabilize Venezuela,” and “[t]here were violent confrontations between supporters of the opposition and the security forces throughout the country.” Id. at 282.

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285 F. App'x 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katia-romero-lamus-v-us-attorney-general-ca11-2008.