Urias-Orellana v. Garland

121 F.4th 327
CourtCourt of Appeals for the First Circuit
DecidedNovember 14, 2024
Docket24-1042
StatusPublished
Cited by4 cases

This text of 121 F.4th 327 (Urias-Orellana v. Garland) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Urias-Orellana v. Garland, 121 F.4th 327 (1st Cir. 2024).

Opinion

United States Court of Appeals For the First Circuit

No. 24-1042

DOUGLAS HUMBERTO URIAS-ORELLANA; SAYRA ILIANA GAMEZ-MEJIA; G.E.U.G.,

Petitioners,

v.

MERRICK B. GARLAND, United States Attorney General,

Respondent.

PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS

Before

Gelpí, Lynch, and Montecalvo, Circuit Judges.

Kevin P. MacMurray and MacMurray and Associates, on brief for petitioners. Brooke M. Maurer, Trial Attorney, Bryan M. Boynton, Principal Deputy Assistant Attorney General, and Nancy E. Friedman, Senior Litigation Counsel, Office of Immigration Litigation, U.S. Department of Justice, on brief for respondent.

November 14, 2024 GELPÍ, Circuit Judge. Petitioner Douglas Humberto

Urias-Orellana ("Urias-Orellana") is a thirty-three-year-old

native and citizen of El Salvador. He -- along with his wife,

Sayra Iliana Gamez-Mejia ("Gamez-Mejia"), and their minor child,

G.E.U.G. -- petition for review of a final order of the Board of

Immigration Appeals ("BIA") affirming the Immigration Judge's

("IJ," together with the BIA, "the Agency") denial of their

requests for asylum. Urias-Orellana also petitions for review of

the denial of his application for protection under the Convention

Against Torture ("CAT").1 The Agency premised its denials on

several grounds, including that Petitioners did not meet their

burden to (1) demonstrate harm rising to the level of persecution

to qualify for asylum or withholding of removal, or (2) show that

they could not reasonably relocate in El Salvador. As to CAT

relief, Urias-Orellana did not show there was error in the factual

finding that it is "[un]likel[y] [Urias-Orellana] will face

torture by or with the consent or acquiescence (including willful

1 Where necessary, we refer to the trio collectively as "Petitioners." Although Gamez-Mejia and G.E.U.G. can seek asylum as Urias-Orellana's derivative beneficiaries, they cannot assert derivative claims for CAT protection or withholding of removal. That is because those forms of relief do not carry derivative benefits, and Gamez-Mejia and G.E.U.G. did not file separate applications. See 8 C.F.R. § 1208.16(b), (c). The upshot is that our denials of Urias-Orellana's petitions for review of the asylum and withholding of removal determinations apply to their asylum application. Only Urias-Orellana brought a CAT claim. See Cabrera v. Garland, 100 F.4th 312, 315 n.1 (1st Cir. 2024).

- 2 - blindness) of any public official or persona acting in an official

capacity." We deny the petition for review.

I. BACKGROUND

"We draw our background 'from the administrative record,

including [Urias-Orellana's] testimony before the IJ, which the IJ

found credible.'" Gonzalez-Arevalo v. Garland, 112 F.4th 1, 6

(1st Cir. 2024) (quoting Chun Mendez v. Garland, 96 F.4th 58, 61

(1st Cir. 2024)).

A. Underlying Facts

On or about June 28, 2021, Petitioners entered the

United States without authorization. The Department of Homeland

Security ("DHS") served them on August 10 with Notices to Appear

in immigration court. DHS charged Petitioners with removability

for being present in the United States without being admitted or

paroled, Immigration and Nationality Act ("INA")

§ 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i). Petitioners

conceded proper service and admitted their removability. In so

doing, Petitioners noted that they would seek asylum, while

Urias-Orellana indicated that he would also seek protection under

the CAT.2

2He also indicated his intent to seek withholding of removal. But Petitioners' brief is devoid of any argument mentioning withholding of removal. Accordingly, any challenge to the denial of withholding of removal has been waived. See Jimenez-Portillo v. Garland, 56 F.4th 162, 165 (1st Cir. 2022).

- 3 - In his asylum application, Urias-Orellana explained that

he feared harm because his half-brothers, Juan and Remberto, had

been shot and severely injured, and he believed that similar harm

would befall him and his family.

Urias-Orellana expanded on these concerns during his

testimony before the IJ at a hearing on March 14, 2022, and through

an affidavit filed in immigration court. Urias-Orellana,

represented by counsel, explained that he feared persecution in El

Salvador on the basis of his particular social group:

Urias-Orellana's family. Specifically, Urias-Orellana feared

returning to El Salvador because of Wilfredo, a "sicario" (which

roughly translates to "hitman") for a local drug lord in El

Salvador. Wilfredo's mother and the father of Urias-Orellana's

half-brothers3 were involved in a relationship of which Wilfredo

did not approve. Around February 2016, Wilfredo's disapproval

turned to violence when, after an argument with Juan at a cantina,

he shot Juan six times. Juan suffered severe injuries from the

shooting -- he is now wheelchair-bound -- and moved away to Cara

Sucia (a forty-minute drive from where he was shot).

The shooting apparently did not placate Wilfredo's

anger. So he vowed to kill Juan's entire family. He turned his

crosshairs next on Remberto in August 2016. Wilfredo ambushed

3 Juan and Remberto have the same mother as Urias-Orellana but a different father.

- 4 - Remberto in a secluded alley, shooting him nine times. Remberto

survived the encounter. Urias-Orellana feared for his and his

family's safety, and they fled to Cojutepeque, El Salvador, where

they remained in peace for about one year.

Believing the worst to be over, Petitioners moved in

February or March 2017 to live with Gamez-Mejia's family to another

town in El Salvador, Colonia Claudia Lara -- about a thirty-minute

drive from Sonsonate, where Urias-Orellana used to live. But,

according to Urias-Orellana, Wilfredo must have learned of this

move because two masked men approached Urias-Orellana in Claudia

Lara a few months after. They demanded money and, when

Urias-Orellana refused, warned him that they would "leave [him]

like" his half-brothers and possibly kill him if he did not cave

to their demands.

About six months later, Urias-Orellana again was

threatened at gunpoint by masked men in August 2017. They

threatened to kill him if he did not pay up the next time that

they saw him.4

Petitioners then moved, again within El Salvador, to

Cara Sucia to stay with Juan. They lived there without any

Urias-Orellana testified that he and his family moved to 4

Cara Sucia after the threats in February or March 2017. He explained that he was not approached again after that incident. But his affidavit indicates that he was targeted in August 2017. The IJ also analyzed the August 2017 encounter. Accordingly, we shall consider the August 2017 encounter in our analysis.

- 5 - harassment or complaints or threats for two-and-a-half years. In

December 2020, Urias-Orellana and Gamez-Mejia returned to visit

his family in Sonsonate, and while there, he was confronted by two

masked men on a motorcycle demanding money. They threatened him,

assaulted him by striking him three times in the chest, and warned

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