Zuleima Ibarra-Rodallegas v. Pamela Bondi

CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 5, 2025
Docket24-3328
StatusUnpublished

This text of Zuleima Ibarra-Rodallegas v. Pamela Bondi (Zuleima Ibarra-Rodallegas v. Pamela Bondi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Zuleima Ibarra-Rodallegas v. Pamela Bondi, (6th Cir. 2025).

Opinion

NOT RECOMMENDED FOR PUBLICATION File Name: 25a0127n.06

No. 24-3328

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 05, 2025 KELLY L. STEPHENS, Clerk ) ZULEIMA IBARRA-RODALLEGAS; N.A., ) Petitioners, ) ON PETITION FOR REVIEW v. ) FROM THE BOARD OF ) IMMIGRATION APPEALS PAMELA BONDI, Attorney General, ) Respondent. ) OPINION )

Before: CLAY, GIBBONS, and STRANCH, Circuit Judges.

CLAY, Circuit Judge. Petitioners Zuleima Ibarra-Rodallegas and her minor child, N.A.,

seek review of the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal of an

immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and

protection pursuant to the Convention Against Torture (“CAT”). For the reasons set forth below,

we DENY the petition for review.

I. BACKGROUND

Ibarra-Rodallegas is a native and citizen of Colombia. She was a permanent resident of

Mexico on or about March 15, 2022, when she illegally entered the United States with her one-

year-old daughter, N.A. N.A. is a native and citizen of Mexico.

After the Department of Homeland Security (“DHS”) charged her with removability,

Ibarra-Rodallegas filed timely applications for asylum under Section 208(b)(1)(a) of the

Immigration and Nationality Act (“INA”), withholding of removal under Section 241(b)(3) of the No. 24-3328, Ibarra-Rodallegas, et al. v. Bondi

Act, and relief under the Convention Against Torture pursuant to 8 C.F.R. § 1208.16. N.A. is a

derivative beneficiary of Ibarra-Rodallegas’s asylum application.1 See 8 U.S.C. § 1158(b)(3)(A).

Pursuant to the DHS’s issuance of a Notice to Appear, Ibarra-Rodallegas first appeared

before an IJ pro se on June 23, 2022, and on September 12, 2022, appeared with counsel and

conceded removability. The IJ designated Colombia as the country of removal and Mexico as an

alternate country of removal.

Ibarra-Rodallegas claims asylum and withholding of removal due to her fear of persecution

in Colombia for her political opinion, her fear of persecution in Mexico because of her nationality

and her membership in the particular social group (“PSG”) of victims of domestic violence, and

her fear of persecution in both countries due to her race and gender. Ibarra-Rodallegas’s claim for

CAT protection is based on her fear that the government of Colombia would acquiesce to torture

committed against her by the rebel group Revolutionary Armed Forces of Colombia (“FARC”),

and that the government of Mexico would acquiesce in torture committed against her by her ex-

partner, Javier Herrera.

A. Ibarra-Rodallegas’ Testimony and Other Evidence

The IJ held a removal hearing at which Ibarra-Rodallegas was the only witness. She

testified in Spanish through an interpreter. The IJ deemed Ibarra Rodallegas’s testimony not

credible. We recount Ibarra-Rodallegas’s testimony below, along with other evidence she

submitted in support of her claims.

Ibarra-Rodallegas lived in Colombia until 2007, when she relocated to Mexico. She briefly

returned to Colombia in December 2017. She then left Colombia in April 2018, staying in Spain

1 In view of the derivative nature of the minor child’s application for asylum, we refer to Petitioners collectively as “Ibarra-Rodallegas.” 2 No. 24-3328, Ibarra-Rodallegas, et al. v. Bondi

for seven months on a tourist visa. Ibarra-Rodallegas moved back to Mexico in November 2018

and resided there until entering the United States, save for a brief return to Colombia between

December 2018 and January 2019. At some point, she attained permanent residency status in

Mexico.

Ibarra-Rodallegas is unmarried. She has two children, both Mexican nationals with

Mexican fathers. Ibarra-Rodallegas’s older child resides in Colombia. Her younger child, N.A.,

lived with her in Mexico and came with her to the United States.

Ibarra-Rodallegas is Black. In Colombia and Mexico, she suffered discrimination due to

the color of her skin, leading to difficulties in obtaining employment. In addition, when she

worked in Mexico, she “was never able to have the same rights” as Mexican nationals, because

she was only a permanent resident. Administrative Record (“AR”), R. 5-2, Page ID #138.

In Colombia, Ibarra-Rodallegas was a member of the Community Council of the Black

Community of Bajo Calima (the “Council”). Ibarra-Rodallegas testified that she had been a

member of the Council since 2002 and remained active in the group. To that end, she submitted a

letter from the Legal Representative of the Council, dated January 12, 2023, as an exhibit to her

application for asylum. The letter states, as translated from Spanish, that Ibarra-Rodallegas is “an

active member of the Community Council of the Black Community of the Lower Basin of the

Calima River and resides in the Community of Ceibito.” Id. at Page ID #216. The government

questioned Ibarra-Rodallegas about this letter on cross-examination, asking why the Council

believed she lived in Ceibito, when she had not lived in Colombia since 2019. Ibarra-Rodallegas

explained that she previously resided in the small community of Ceibito, including when she

returned to Colombia in 2017. However, she stopped “going there” after receiving threats. Id. at

Page ID #160. She believed the letter was “saying that [she was] from that community” and “a

3 No. 24-3328, Ibarra-Rodallegas, et al. v. Bondi

leader in [that] community.” Id. at Page ID #161. Ibarra-Rodallegas further explained that the

intent of the letter was to establish that she is part of the Council, that she “lived or live or [is] part

of the community of Ceibito,” and that she “give[s] [her] opinions about things there.” Id. at Page

ID #166.

According to Ibarra-Rodallegas, the Council “gave [their] opinion,” and did humanitarian

aid work in the local community, including “help for the educational and medical sectors, help for

pregnant women, for the elderly, [and] for children in school[.]” Id. at Page ID #141. The Council

also did work to “[p]rotect the environment,” and “right now” was “working on a project to prevent

illegal farms and heavy equipment [and] heavy machinery.” Id. The group also “[c]onstruct[ed]

residences and help[ed] set[] up irrigation” systems. Id.

Ibarra-Rodallegas testified that she was discriminated against for her political opinion as a

member of the Council. When she “would give [her] opinion about what could be done in [her]

sector,” she “received a lot of threats, and at one point [she] was at risk of death.” Id. at Page ID

#139. Ibarra-Rodallegas received threats from “[t]he guerilla, the FARC, the paramilitary” and

“people that were in armed conflict” in her territory in Colombia. Id. She stated that she received

threats from FARC because of her membership in the Council. FARC opposed the work of the

Council “[b]ecause [FARC] want[ed] to manage at their will all of the resources that get to the

community for community benefit.” Id. at Page ID #141–42.

According to Ibarra-Rodallegas, her cousin and cousin’s wife were brutally murdered in

January 2017 because of their membership in the Council. She knew that her cousins were

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