Nilda Flores Munoz v. Eric Holder, Jr.

Filing

UNPUBLISHED OPINION FILED. [13-60601 Affirmed] Judge: CDK , Judge: WED , Judge: JWE. Mandate pull date is 07/07/2014 [13-60601]

Case: 13-60601

Document: 00512629499

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Date Filed: 05/14/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-60601
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
May 14, 2014

NILDA ROSERY FLORES MUNOZ,
Petitioner

Lyle W. Cayce
Clerk

v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A205 521 844
Before KING, DAVIS, and ELROD, Circuit Judges.
PER CURIAM: *
Nilda Rosery Flores Munoz, a native and citizen of Honduras, petitions
for review of an order of the Board of Immigration Appeals (BIA) dismissing
her appeal of an order of an immigration judge (IJ) denying her request for
asylum, withholding of removal, and protection under the Convention Against
Torture.

In her petition for review, Flores Munoz argues only that the

BIA incorrectly determined that she had not established fear of future

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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persecution entitling her to asylum and withholding of removal on account of
her membership in a particular social group based upon her resistance to
attempts by a drug gang to recruit her in Honduras.
We review the BIA’s order and will consider the underlying decision of
the IJ to the extent that it influenced the BIA’s determination. Sharma v.
Holder, 729 F.3d 407, 411 (5th Cir. 2013). We review the factual findings,
including whether an alien is entitled to asylum, for substantial evidence, and
will reverse only if the record compels a different finding. Id. To show that
she is eligible for asylum, Flores Munoz must establish that she is a refugee,
meaning, as relevant here, that she has a well-founded fear of future
persecution in Honduras on the basis of her membership in a particular social
group. See 8 U.S.C. §§ 1101(a)(42)(A); 1158(b)(1)(B)(i); Sharma, 729 F.3d at
411.
Though Flores Munoz testified that members of a drug gang who killed
her husband sought to recruit her to sell drugs for them and that she feared
for her life because she turned down their requests, the evidence that she put
forward does not compel the conclusion that Honduran society would view
those who resist membership in drug gangs as a particular, visible group. See
Orellana-Monson v. Holder, 685 F.3d 511, 518-19 (2012). Thus, substantial
evidence supports the BIA’s determination that Flores Munoz is ineligible for
asylum because she is not a member of a particular social group under
immigration law. See id. at 521-22 (explaining that Salvadoran males between
the ages of 8 and 15 who refused to join a pervasive street gang were not
members of a particular social group because the purported group was
amorphous and Salvadoran society would not perceive individuals with those
characteristics as a visible group). Because substantial evidence supports the
BIA’s denial of asylum, the BIA was correct in determining that Flores Munoz

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could not meet the higher burden necessary to show eligibility for withholding
of removal. See Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
The petition for review is DENIED.

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