Elvira Coyoy, et al v. Eric Holder, Jr.

Filing

Elvira Coyoy, et al v. Eric Holder, Jr.

Doc. 0

Case: 09-60807

Document: 00511184848

Page: 1

Date Filed: 07/26/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-60807 S u m m a r y Calendar July 26, 2010 Lyle W. Cayce Clerk

E L V I R A JOSEFINA COYOY; YURI YESSENIA COYOY, also known as Yuri Y e s s e n ia Ramos-Coyoy, P e titio n e rs v. E R I C H. HOLDER, JR., U.S. ATTORNEY GENERAL, R espon dent

P e tit io n for Review of an Order of the B o a r d of Immigration Appeals B I A No. A070-684-038 B I A No. A098-705-602

B e fo r e WIENER, PRADO, and OWEN, Circuit Judges. P E R CURIAM:* E lv ir a Josefina Coyoy (Coyoy) and her daugher, Yuri Yessenia RamosC o y o y , have filed a petition for review of the decision of the Board of I m m ig r a t io n Appeals (BIA) dismissing their appeal of the immigration judge's (I J 's ) denial of Coyoy's application for the withholding of removal. Coyoy argues t h a t the BIA erred in concluding that she did not suffer past persecution and in

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

Dockets.Justia.com

Case: 09-60807

Document: 00511184848 Page: 2 No. 09-60807

Date Filed: 07/26/2010

c o n c lu d in g that she failed to show a clear probability she would be targeted for fu t u r e persecution based on an actual or imputed political opinion. O n a petition for review of a decision of the BIA, we review questions of la w de novo and findings of fact for substantial evidence. Sung v. Keisler, 505 F .3 d 372, 375 (5th Cir. 2007). We review the underlying decision of the IJ only t o the extent that it influenced the BIA's determination. Id. To be eligible for the withholding of removal, an applicant must establish t h a t there is a clear probability that he will be persecuted upon his return to his h o m e country. Arif v. Mukasey, 509 F.3d 677, 680 (5th Cir. 2007). To establish a clear probability, the applicant must show that it is more likely than not that h is "life or freedom would be threatened by persecution on account of either his r a c e , religion, nationality, membership in a particular social group, or political o p in io n ." Id. "Persecution is a an extreme concept that does not include every s o r t of treatment our society regards as offensive. . . . [It] requires more than a fe w isolated incidents of verbal harassment or intimidation, unaccompanied by a n y physical punishment, infliction of harm, or significant deprivation of lib e r t y ." Eduard v. Ashcroft, 379 F.3d 182, 187 n.4 (5th Cir. 2004) (internal q u o t a t io n marks and citations omitted). The withholding applicant must also p r o v e a "particularized connection" between the feared persecution and one of t h e five enumerated grounds. Roy v. Ashcroft, 389 F.3d 132, 138 (5th Cir.

2 0 0 4 ). To demonstrate such a connection, the applicant must present "specific d e t a ile d facts showing a good reason to fear that he or she will be singled out for p e r s e c u t io n ." Id. (internal quotation and citation omitted). Substantial evidence supports the BIA's determination that Coyoy failed t o establish past persecution. Coyoy reported only a single incident of physical c o n t a c t with the guerillas, and she admitted that she was not injured as a result o f the incident. Moreover, the incidents of verbal intimidation and harassment r e p o r t e d by Coyoy were isolated and not particularly egregious.

2

Case: 09-60807

Document: 00511184848 Page: 3 No. 09-60807

Date Filed: 07/26/2010

S u b s t a n t ia l evidence also supports the BIA's determination that Coyoy fa ile d to establish a connection between her fear of future persecution and an actual or imputed political opinion. In order to show persecution on account of p o lit ic a l opinion, "[t]he alien must demonstrate through some evidence, either d ir e c t or circumstantial, that the persecutors know of his (the alien's) political o p in io n and has or will likely persecute him because of it." Ontunez-Tursios v. A s h c r o ft, 303 F.3d 341, 351 (5th Cir. 2002). Coyoy did not provide any evidence t h a t the guerillas knew of her opinion or targeted her for recruitment because o f it. Nor was there any indication that the guerillas believed that Coyoy's r e fu s a l to spy for them was politically based. Coyoy's petition for review is DENIED.

3