Jorge Molina-Cabrera v. Jefferson B. Sessions, III
Jorge Molina-Cabrera v. Jefferson B. Sessions, III
Opinion
Petitioner Jorge Molina-Cabrera, a native of Ecuador, was apprehended as he entered the United States without a valid entry document and applied for asylum, withholding of removal, and relief under the Convention Against Torture. After an evidentiary hearing, the Immigration Judge ("IJ") denied relief. The Board of Immigration Appeals ("BIA") dismissed Molina-Cabrera's appeal, upholding the IJ's determination that Molina-Cabrera is ineligible for asylum or withholding of removal because he failed to establish past persecution or a well founded fear of future persecution. Molina-Cabrera petitions for judicial review of the final order of removal.
See
I.
Molina-Cabrera testified that on May 1, 2012, Armando Sojos and two bodyguards approached Molina-Cabrera at the school where he taught in Lun, a small town in Ecuador. Sojos was a local municipal politician and the leader of the local chapter of the national political party Alianza PAIS. Sojos said he wanted Molina-Cabrera to join Alianza PAIS and serve as its local secretary. When Molina-Cabrera declined, Sojos threatened him. When Sojos and his bodyguards returned the next day, Molina-Cabrera again refused to join Alianza PAIS. Sojos pushed him to the ground and began kicking him for five to ten minutes, forcing Molina-Cabrera to cover his face and head. When Sojos stopped, the men brought Molina-Cabrera back to his feet, and Sojos warned, "If you know what's the best for you, you better think about it." Molina-Cabrera reported the incident to the nearest police department but does not believe the police took any action.
Molina-Cabrera saw Sojos and his men approaching Molina-Cabrera's home on May 3. He fled to Azogues, a much larger city, where he lived and worked for three weeks. When he returned to Lun, his grandmother said Sojos had come to the *1105 house looking for Molina-Cabrera after he fled to Azogues. Molina-Cabrera returned to Azogues, applied for a passport, spent two weeks in Guayaquil, and then left Ecuador. The IJ found Molina-Cabrera's testimony generally credible.
II.
The Attorney General has discretion to grant asylum to an alien who qualifies as a refugee.
"Persecution is an extreme concept that does not encompass low-level intimidation and harassment."
We agree with the IJ and the BIA that the harm that Molina-Cabrera suffered was not severe enough to constitute past persecution. The entire second meeting when Sojos knocked Molina-Cabrera to the ground and kicked him lasted only twenty-five to thirty minutes, most of which was spent talking. Sojos's comment that Molina-Cabrera "better think about it" was no doubt frightening, but it was insufficiently specific or imminent to constitute persecution.
See
Supangat v. Holder
,
Even if an applicant fails to show past persecution, he may be granted asylum if he demonstrates a well founded fear of future persecution.
To establish the objective element, Molina-Cabrera submitted evidence that Sojos's men approached his grandmother after he fled Lun to Azogues, and approached his brother a few months after he left Ecuador, asking both relatives his whereabouts. However, Sojos has not approached or threatened Molina-Cabrera's grandmother or brother since 2012. His brother and sister currently live in Azogues and have not been threatened or *1106 approached by Sojos or his men. The IJ found that Molina-Cabrera could avoid possible future persecution by relocating to another part of Ecuador. As the IJ observed, Molina-Cabrera obtained a room and worked without being approached by Sojos or his men when he fled to Azogues. When he returned to Azogues to obtain a passport, he was not harassed, threatened, or harmed despite submitting his name and documents to the government. He then stayed in Guayaquil without incident for two weeks before leaving Ecuador.
Molina-Cabrera argues the IJ and the BIA abused their discretion by failing to consider an expert report he submitted discussing political coercion under the Alianza PAIS national government. But the report did not establish a well-founded fear of persecution because the expert "testified only to general, widespread discrimination."
Agha v. Holder
,
We agree with the IJ and the BIA that the evidence Molina-Cabrera provided was insufficient to establish either past persecution or a well-founded fear of future persecution. As he failed to satisfy "the less demanding burden of proof for asylum," we also uphold the denial of his claim for withholding of removal.
Alemu v.Gonzales
,
For the foregoing reasons, we deny the petition for review.
Molina-Cabrera does not challenge the denial of his application for relief under the Convention Against Torture.
Reference
- Full Case Name
- Jorge MOLINA-CABRERA, Petitioner v. Jefferson B. SESSIONS, III, Attorney General of the United States Respondent
- Cited By
- 4 cases
- Status
- Published