Ruben Dario Villarreal v. U.S. Attorney General

375 F. App'x 922
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 20, 2010
Docket09-11812
StatusUnpublished

This text of 375 F. App'x 922 (Ruben Dario Villarreal 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
Ruben Dario Villarreal v. U.S. Attorney General, 375 F. App'x 922 (11th Cir. 2010).

Opinions

PER CURIAM:

Petitioner, Ruben Dario Villarreal, seeks review of an order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of asylum and withholding of removal under the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1158, 1231(b)(3), and withholding of removal under the United Nations Convention Against Torture (“CAT”). After reviewing the record, we deny the petition in part and dismiss it in part.

I. BACKGROUND

Villarreal is a native and citizen of Colombia who was admitted to the United States on May 20, 2002, as a non-immigrant visitor with an authorized period of admission not to exceed November 19, 2002. In August 2002, Villarreal submitted an application for asylum, which the Department of Homeland Security (“DHS”) construed as an application for withholding of removal and protection under CAT. In January 2003, Villarreal received a Notice to Appear (“NTA”), charging him with being subject to removal pursuant to INA § 237(a)(1)(B). Villarreal appeared before an IJ, admitted the factual allegations lodged against him and conceded removability. After a hearing on his claims, the IJ denied his petitions. The BIA dismissed Villarreal’s appeal, and he timely petitioned this court for review.

In his application, Villarreal states that he was a dentist in Colombia and fears returning to his native country to an imminent risk of being killed by members of the terrorist Guerrilla organization known as the Rebel Armed Forces from Colombia” (“FARC”). He states that he was involved in the Colombian Liberal Party, and he became involved in political affairs through his work with the health brigades, a group of doctors and dentists who provided free medical and dental care in remote areas of Colombia. He claims that in August 2002, a man from the FARC telephoned him and told him to stop his meetings or the FARC would kill him. He also received more threatening calls from the FARC that were relayed to him by his secretary. He continued to work in politics and assisted with the campaign to elect Alvaro Uribe Velez as the president of Colombia. In December 2001, Villarreal received a threatening letter from the FARC that he took to the police. The next month, his secretary received several more threatening calls from the FARC.

Villarreal also claims that in March 2002, two armed men grabbed him as he was leaving the hospital, forced him into a car, and blindfolded him. They took him to a house to attend to a man who had a facial wound. The men identified themselves as FARC rebels and told him to take care of the injured rebel. When Villarreal informed them that he was a dentist, not a doctor, one of the men punched him in the face. Villarreal operated on the man, and a FARC commandant ordered Villarreal to stop asking for votes for Ur-ibe Velez and not to report the occurrence. The following morning, the men returned him to an area near the hospital. Villarreal states that the event traumatized him, and he was unable to return to work for several days. When he did return, the FARC called his office and told his secretary to tell Villarreal that he could not hide because they knew where he was.

[924]*924After Villarreal returned to work following the kidnaping incident, he went to his mother’s house where, via telephone, he cancelled his contracts and closed his office. While at his mother’s house, Villarreal received another threatening call from the FARC. Later, his secretary told him that she had been forced into a car, beaten, and threatened with death if she did not tell the perpetrators where Villarreal was located. The FARC also sent a letter to Villarreal’s secretary stating that they considered Villarreal a military target, and there was an order out to find and execute him. Fearing for his safety and the safety of his family, Villarreal traveled to the United States.

At the hearing before the IJ, Villarreal admitted the charges contained in the NTA and conceded removability. At the hearing, he admitted into evidence his asylum application, the NTA, and some exhibits, as well as the United States Department of State’s Country Report for Colombia. His testimony was consistent with his statements in his asylum application, with the addition that after the kid-naping incident, he anonymously made two speeches on a local radio station and described everything that had happened to him in order to warn the people of the FARC.

Following the hearing, the IJ issued its oral decision denying Villarreal’s applications and ordering him removed to Colombia. The IJ held that Villarreal did not provide a credible claim or sufficient corroborative evidence of his allegations. Specifically, the IJ noted that Villarreal’s corroborative evidence was only general in nature, he failed to submit corroborating statements from two doctors in Colombia who were familiar with the situation, the secretary’s statement omitted many material facts to which Villarreal testified, and there were aspects of his claim that were implausible. The IJ alternatively noted that even if Villarreal’s claim was credible, he did not establish his eligibility for asylum or withholding of removal. Noting the fact that Villarreal was never harmed while in Colombia and the fact that he received only various alleged threats, the IJ determined that these incidents did not constitute persecution under the INA. Furthermore, the IJ found that Villarreal failed to establish that the alleged acts of persecution were on account of a statutorily protected ground. There was no indication that he was targeted because of his political opinion, and the evidence showed that he was kidnapped in order to provide medical services to a wounded guerilla. Thus, the IJ determined that Villarreal failed to establish past persecution or a well-founded fear of persecution, especially because his family had not been threatened since his departure. Because the IJ found that Villarreal failed to establish eligibility for asylum, he also found that Villarreal necessarily failed to establish his eligibility for withholding of removal.

On appeal, the BIA did not explicitly address the IJ’s adverse credibility determination, but rather held that Villarreal failed to establish his eligibility for asylum and withholding of removal. Regarding his application for asylum, the BIA held that Villarreal failed to establish that any of the alleged acts of persecution were on account of a statutorily protected ground or rose to the requisite level of severity to constitute persecution under the INA. Thus, the BIA determined that Villarreal failed to establish his eligibility for asylum or withholding of removal and consequently dismissed the appeal.

II. STANDARD OF REVIEW

On petition for review, we review only the decision of the BIA, unless the BIA adopts the IJ’s reasoning, in which case we review both decisions. Al Najjar v. Ash[925]*925croft, 257 F.3d 1262, 1284 (11th Cir.2001). “We review the [BIA’s] factual determinations under the substantial evidence test.” Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1286 (11th Cir.2005). Under this test, we review “the record evidence in the light most favorable to the agency’s decision and draw all reasonable inferences in favor of that decision.” Adefemi v. Ashcroft, 386 F.3d 1022, 1027 (11th Cir.2004) (en banc).

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375 F. App'x 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruben-dario-villarreal-v-us-attorney-general-ca11-2010.