ROSA ALBA MARTINEZ-LOPEZ; JOSAFAT NAHUM SIERRA-MARTINEZ, Petitioners
WILLIAM P. BARR, U.S. ATTORNEY GENERAL, Respondent
Petition for Review of an Order of the Board of Immigration
JOLLY, SMITH, and COSTA, Circuit Judges.
Alba Martinez-Lopez, on behalf of herself and her minor son
Josafat Nahum Sierra-Martinez, seeks review of a Board of
Immigration Appeals decision affirming the denial of their
requests for asylum, withholding of removal, and protection
under the Convention Against Torture (CAT). We deny the
and her son are from Honduras. They entered the United States
without documentation in October 2015. Each received a notice
to appear before an immigration judge (IJ), but the notices
stated that the date and time of the appearance were "To
Be Determined." A later notice provided a date and a
time for a hearing in Houston. Martinez-Lopez and her son
appeared at the prescribed time and place.
subsequent hearing before the IJ, Martinez-Lopez admitted
through counsel that she and her son were inadmissible
aliens. She applied for asylum, withholding of removal, and
relief under the CAT.
support of her application, Martinez-Lopez related the
following instances of violence and harassment against her
and her family in Honduras. Her brother was murdered after
dropping off his son at school. The police did not
investigate his murder, even though Martinez-Lopez's
family filed a police report. A month later, several of
Martinez-Lopez's relatives were killed too. This time,
police arrested a gang member. Martinez-Lopez also noted that
her father was killed over twenty years ago, and the police
never investigated his murder.
testified that the harassment of her family continued after
her brother's murder. For example, men in a truck
followed Martinez-Lopez, her mother, and her sisters. Even
after Martinez-Lopez relocated to the United States, men
followed her mother and sisters on at least one other
occasion. They have not, however, encountered any problems in
over a year. They now live in another part of Honduras.
Martinez-Lopez said that gang members harassed her at the
cell phone store where she worked in Honduras. She testified
that they came to the store five days a week and demanded
that she and other employees hand over SIM cards. The gang
members threatened to kill the store employees and their
families if they did not cooperate. Again, the police took no
result of these events, Martinez-Lopez fears returning to
Honduras because she believes the "people who killed
[her] brother and the gang members who made [her] program the
sim cards" would find and kill her.
denied Martinez-Lopez's application. Although she found
Martinez-Lopez to be credible, the judge determined that
Martinez-Lopez's testimony did not satisfy the
requirements for asylum, withholding of removal, or
protection under the CAT. The Board of Immigration Appeals
affirmed the IJ's decision without opinion.
Martinez-Lopez timely petitioned this court for review.
the Board affirmed the IJ's decision without opinion, the
IJ's decision is the final agency determination subject
to our review. See Soadjede v. Ashcroft, 324 F.3d
830, 832 (5th Cir. 2003) (per curiam). We review an IJ's
factual determinations for substantial evidence, overturning
a finding only when the ...