Sintian Rosibel Vallecillos-Torres v. U.S. Attorney General
Sintian Rosibel Vallecillos-Torres v. U.S. Attorney General
Opinion
USCA11 Case: 22-12998 Document: 19-1 Date Filed: 05/30/2023 Page: 1 of 8
[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-12998 Non-Argument Calendar ____________________ SINTIAN ROSIBEL VALLECILLOS-TORRES, FRANCIS XIOMARA VALLECILLOS-TORRES, KENSY XIOMARA LICONA-VALLECILLOS, NEYLI NICOL LICONA-VALLECILLOS, YOSEPH MANUEL VALLECILLOS-TORRES, Petitioners, versus U.S. ATTORNEY GENERAL,
Respondent.
____________________ USCA11 Case: 22-12998 Document: 19-1 Date Filed: 05/30/2023 Page: 2 of 8
PER CURIAM: Sintian Vallecillos-Torres (“Sintian”) and her son Yoseph, as well as Francis Vallecillos-Torres (“Francis”) and her children Kensy and Neyli (collectively the “Petitioners”), natives and citi- zens of Honduras, seek review of the decision of the Board of Im- migration Appeals (the “BIA”) affirming the denial of their applica- tions for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, In- human, or Degrading Treatment or Punishment (the “CAT”). Pe- titioners argue that the BIA’s adverse credibility determination of Sintian was not supported by substantial evidence, and that the rec- ord compels a finding that they were eligible for asylum, withhold- ing of removal, and CAT relief.
We review only the decision of the BIA, except to the extent the BIA expressly adopts the immigration judge’s (“IJ”) opinion.
Lopez v. U.S. Att’y. Gen., 504 F.3d 1341, 1344 (11th Cir. 2007). When the BIA agrees with the IJ’s findings but makes additional observa- tions, we review both decisions. Singh v. U.S. Att’y Gen., 561 F.3d 1275, 1278 (11th Cir. 2009).
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22-12998 Opinion of the Court 3 Factual determinations, which include credibility determi- nations, are reviewed under the substantial evidence test. Ruiz v. U.S. Att’y Gen., 440 F.3d 1247, 1254–55 (11th Cir. 2006) (per cu- riam). Under this highly deferential standard, we will affirm the BIA’s decision if it is supported by reasonable, substantial, and pro- bative evidence on the record considered as a whole. I.N.S. v. Elias- Zacarias, 502 U.S. 478, 481, 112 S. Ct. 812, 815 (1992). Under the substantial evidence test, we “review the record evidence in the light most favorable to the agency’s decision and draw all reasona- ble inferences in favor of that decision.” Ruiz, 440 F.3d at 1255 (quotation marks omitted). Accordingly, a finding of fact will be reversed only when the record “compels” it, not merely because the record may support a contrary conclusion. Id. (quotation marks omitted).
An applicant for asylum must meet the Immigration and Na- tionality Act’s (the “INA”) definition of a refugee. INA § 208(b)(1), 8 U.S.C. § 1158(b)(1). The INA defines a refugee as follows. [A]ny person who is outside any country of such per- son’s nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
INA § 101(a)(42)(A), 8 U.S.C. § 1101(a)(42)(A). To meet the defini- tion of a refugee, the applicant must, “with specific and credible USCA11 Case: 22-12998 Document: 19-1 Date Filed: 05/30/2023 Page: 4 of 8
An applicant seeking CAT relief must establish “that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 1208.16(c)(2).
The CAT defines torture as follows. [A]ny act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a per- son for such purposes as obtaining from him or her USCA11 Case: 22-12998 Document: 19-1 Date Filed: 05/30/2023 Page: 5 of 8
22-12998 Opinion of the Court 5 or a third person information or a confession, punish- ing him or her for an act he or she or a third person has committed or is suspected of having committed, or intimidating or coercing him or her or a third per- son, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
If credible, an asylum applicant’s testimony alone may be sufficient for the applicant to establish his eligibility for relief from USCA11 Case: 22-12998 Document: 19-1 Date Filed: 05/30/2023 Page: 6 of 8
An IJ may base a credibility finding on the totality of the cir- cumstances, including: (1) the demeanor, candor, or responsiveness of the applicant; (2) the inherent plausibility of the applicant’s ac- count; (3) the consistency between the applicant’s written and oral statements; (4) the internal consistency of each statement; and (5) the consistency of the statements with other record evidence, in- cluding State Department reports. INA § 208(b)(1)(B)(iii), 8 U.S.C. USCA11 Case: 22-12998 Document: 19-1 Date Filed: 05/30/2023 Page: 7 of 8
22-12998 Opinion of the Court 7 § 1158(b)(1)(B)(iii). An adverse credibility determination may be based on inaccuracies, inconsistences, and falsehoods, regardless of whether they relate to the “heart” of the applicant’s claim. Id. Here, substantial evidence supports the BIA’s adverse credi- bility determination against Sintian. The IJ and BIA’s reasons for the credibility determination are specific and cogent, as Sintian’s testimony “was internally inconsistent, lacked candor, and lacked corroboration.” Substantial evidence supports that assertion.
Sintian testified that Cardona1 threatened her and her family, but could not remember the year, month, or season any of the threats occurred. She testified that Cardona threatened to kidnap Yoseph in 2011, but Yoseph was not born until 2013.
Substantial evidence also supports the finding that, in light of the adverse credibility determination, the Petitioners did not meet their burden of proving their eligibility for asylum, withhold- ing of removal, or CAT relief. Aside from Sintian’s testimony, nothing in the record corroborated the claim that Petitioners were threatened. Sintian was the only member of the family allegedly directly threatened by Cardona himself, and she never informed
While Cardona was not a member of any criminal organizations and had no criminal history, Sintian testified that she heard rumors in her village that he had killed people. Petitioners claimed that Cardona threatened them and that they were afraid he would hurt or kill them if they remained in Honduras.
Sintian fled to the United States with her son, Yoseph, in 2014; Francis and her two daughters followed in 2016.
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8 Opinion of the Court 22-12998 Francis about those threats. While Sintian testified that Cardona passed by their house every day for weeks, no one else saw him.
Francis’s testimony was deemed credible, but she testified that she never spoke to the man who threatened them. Without Sintian’s testimony, there is no evidence in the record demonstrating past persecution or a well-founded fear of future persecution.
Even if Sintian’s testimony had been credible and the threats had occurred, the BIA and IJ found that they did not rise to the level of “persecution” because persecution is an “extreme concept” that requires “more than a few isolated incidents of verbal harassment or intimidation.” The BIA also affirmed the IJ’s finding that Peti- tioners “never reported their past harm to the Honduran authori- ties, or otherwise established that the Honduran authorities were unable or unwilling to protect them.”
The BIA’s decision affirming the denial of Petitioners’ asy- lum application was supported by reasonable, substantial, and pro- bative evidence. Because Petitioners failed to meet the lower show- ing required for asylum, they necessarily failed to show that they were eligible for withholding of removal and CAT relief. See Forgue, 401 F.3d at 1288 n.4. Accordingly, we deny the petition for review.
PETITION DENIED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.