Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Manzanares v. Barr

United States Court of Appeals, Fifth Circuit

May 24, 2019

NELSON ESIMAR MARTINEZ MANZANARES, Petitioner,
v.
WILLIAM P. BARR, U.S. Attorney General, Respondent.

          Petition for Review of an Order of the Board of Immigration Appeals

          Before CLEMENT, DUNCAN, and OLDHAM, Circuit Judges.

          ANDREW S. OLDHAM, CIRCUIT JUDGE

         Nelson Esimar Martinez Manzanares ("Martinez") unsuccessfully applied for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). He now asks us to review the government's decision and to vacate the removal order. We deny the petition.

         I.

         In May 2014, Martinez entered the United States near McAllen, Texas, without the necessary entry documents. The Department of Homeland Security ("DHS") began removal proceedings. Martinez applied for asylum, withholding of removal, and CAT protection. He argued he had suffered persecution in Honduras based on his membership in a particular social group related to his former work in law enforcement.

         A.

         Before an Immigration Judge ("IJ"), Martinez testified that he worked as a volunteer auxiliary police officer from 2005 to 2009 in the Honduran village of San Isidro, a small community located in the city of Victoria, in the department of Yoro. On May 14, 2009, he arrested Edwin Giovanni Megdoreta Montcodo, known as Edis, who was suspected of killing a man with a machete. Honduran authorities detained Edis for seventeen days before releasing him. According to Martinez, once released, Edis fled San Isidro for several years to avoid being tried and convicted for murder.

         Nearly five years later, however, Edis returned to San Isidro. In January 2014, as Martinez was about to leave church, people informed him Edis was outside. When Martinez left the building, Edis pulled out a gun. Bystanders intervened, however, and "didn't allow [Edis] to do anything to [Martinez]."

         About a month later, Edis threatened Martinez again. Martinez was driving with his uncle and brother when he saw Edis outside of a bar-like establishment. Edis yelled that he was going to kill Martinez, pulled out a gun, and fired shots at the car. The bullets missed Martinez and the car. Martinez then pulled out his own gun, and Edis fled.

         Approximately two weeks later, on February 14, 2014, Martinez was riding a motorcycle to work when Edis emerged from tall grass with a shotgun. Edis pointed the shotgun at him. Martinez jumped into a nearby lake. When Edis approached the lake, Martinez swam away.

         Martinez testified before the IJ that he never reported any of the incidents to the police because the Honduran police do "not function." Martinez did, however, report the first two incidents to a local mayor. Both times the mayor told Martinez that he could "take vengeance in [his] own hands" and that he "had the authority to kill [Edis] if [he] wanted to."

         After the third incident, Martinez moved to an apartment in the building where he worked. When asked whether he had any more problems with Edis there, Martinez said no. He explained security guards protect the building so "nothing happens there." For the remaining month and a half Martinez remained in Honduras, Edis did not bother him again. On April 4, 2014, Martinez left Honduras and traveled to the United States.

         Martinez sought immigration relief based on persecution on account of membership in a particular social group. Specifically, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.