FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS
Etkin Greenstein and Macias & Greenstein, LLC on brief
Benjamin C. Mizer, Principal Deputy Assistant Attorney
General, Civil Division, United States Department of Justice,
Eric W. Marsteller, Senior Litigation Counsel, Office of
Immigration Litigation, Rachel L. Browning and Juria L.
Jones, Trial Attorneys, Office of Immigration Litigation, on
brief for respondent.
Kayatta, Selya and Barron, Circuit Judges.
petitioner, German Donaldo Rivera-Coca, is a Honduran
national. He seeks judicial review of a final order of the
Board of Immigration Appeals (BIA), which denied his
application for asylum and withholding of removal.
Concluding, as we do, that the BIA's order is supported
by substantial evidence, we deny the petition.
rehearse the facts as recounted by the petitioner and then
limn the travel of the case. The petitioner owned a small
accounting firm in Puerto Cortes, Honduras, which frequently
did business with that nation's Liberal Party (though the
petitioner states that he is not politically inclined and
does not support any particular political party). Early in
2011, the petitioner discovered political propaganda posters
supporting the rival National Party displayed on the walls
and windows of his office. He tore down the posters but they
the petitioner removed the posters a second time, three or
four men, dressed in clothing typically worn by National
Party activists, came to his office and assaulted him. The
petitioner says that he reported the matter to the police and
that he sought medical treatment. He asserts that, despite
his report, the police never investigated the matter.
days later, the petitioner discovered that the posters were
once more in evidence. He removed them but, shortly
thereafter, he started receiving threats. We briefly describe
the threats. The petitioner testified that a handwritten note
was delivered to his office and - although the original note
was never produced - he claimed that it said that he
"had to be very careful" and that those who do not
respect "the blue ones" regret it. The petitioner
did not report this message to the police.
evening in March of 2011, a stranger dressed in what the
petitioner described as typical National Party attire (a
white shirt and blue jeans) approached the petitioner on the
street. The stranger told the petitioner that he was
"going to die if [he did not] join [them]." Once
again, the petitioner did not report this threat to the
petitioner's family also became involved: on a few
unspecified occasions, National Party activists told the
petitioner's wife that they knew where her husband lived
and where he was. In addition, caravans of cars bearing
National Party flags stopped in front of the family's
home. The occupants of the cars shouted, "I know who you
are and I know who you're dealing with."
about the situation, the petitioner took his family to his
mother-in-law's house (five or six hours away). Despite
this relocation, caravans of cars continued to appear. Men
shouted from the cars, "Never mind where you go. Never
mind where you are. We know where you are."
petitioner decided to flee to the United States. Leaving his
family in Honduras, he entered the United States without
documentation in May of 2011. He was apprehended and
questioned by Border Patrol agents. He told the agents that
he intended to live and work in the United States for two
years and that he did not fear returning to Honduras. But
during an interview some months later, the ...