Sandra Felix-Marroquin v. U.S. Attorney General ( 2022 )


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  • USCA11 Case: 21-12162      Date Filed: 06/09/2022      Page: 1 of 4
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 21-12162
    Non-Argument Calendar
    ____________________
    SANDRA FELIX-MARROQUIN,
    Petitioner,
    versus
    U.S. ATTORNEY GENERAL,
    Respondent.
    ____________________
    Petition for Review of a Decision of the
    Board of Immigration Appeals
    Agency No. A206-623-619
    ____________________
    USCA11 Case: 21-12162             Date Filed: 06/09/2022         Page: 2 of 4
    2                          Opinion of the Court                      21-12162
    Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges.
    PER CURIAM:
    Sandra Felix-Marroquin, a native and citizen of Guatemala,
    seeks review of the BIA’s order affirming the IJ’s denial of her asy-
    lum and withholding-of-removal application. 1 She sought asylum
    based on her membership in three particular social groups: (1) Gua-
    temalan girls who are abused solely because of their gender,
    (2) Guatemalan girls viewed as property solely because of their
    gender, and (3) relatives of victims of international criminal vio-
    lence. In particular, an individual raped Felix-Marroquin, and after
    her family reported the rape to the police, the same attacker also
    raped her sister. Additionally, gang members killed her father
    when he refused to join their gang, and they later killed her uncle
    as well. Following her uncle’s death, Felix-Marroquin fled to the
    United States and applied for asylum. The attacker has not con-
    tacted Felix-Marroquin since the rapes occurred more than a dec-
    ade ago.
    To obtain asylum, an applicant must establish past persecu-
    tion or a well-founded fear of future persecution on account of a
    protected ground, such as membership in a particular social group.
    1 Before the BIA, Felix-Marroquin didn’t challenge the IJ’s decision to deny her
    protection under the Convention Against Torture. Accordingly, we lack ju-
    risdiction to review that claim. 
    8 U.S.C. § 1252
    (d)(1); Amaya-Artunduaga v.
    U.S. Att’y Gen., 
    463 F.3d 1247
    , 1250 (11th Cir. 2006) (per curiam).
    USCA11 Case: 21-12162           Date Filed: 06/09/2022       Page: 3 of 4
    21-12162                 Opinion of the Court                             3
    Sepulveda v. U.S. Att’y Gen., 
    401 F.3d 1226
    , 1230 (11th Cir. 2005)
    (per curiam). The BIA concluded that the IJ did not clearly err in
    determining that Felix-Marroquin’s rape was a crime of oppor-
    tunity rather than persecution on account of a statutorily protected
    ground. For that reason, the BIA determined, Felix-Marroquin
    failed to “establish a nexus between the past persecution she suf-
    fered and any of her proposed particular social groups.”
    Before us, Felix-Marroquin offers no argument that the BIA
    erred in concluding no nexus existed between her persecution and
    a statutorily protected ground. She asserts only that the IJ erred in
    finding that the harm she suffered was a crime of opportunity, but
    she presents no argument in support of that statement, cites no
    law, and reiterates the facts without additional explanation. We
    have explained that when a petitioner fails to offer argument on an
    issue in her brief, she abandons that issue. Sepulveda v. U.S. Att’y
    Gen., 
    401 F.3d 1226
    , 1228 n.2 (11th Cir. 2005). So under the cir-
    cumstances here, we must conclude that Felix-Marroquin aban-
    doned the nexus issue. 2
    Given that Felix-Marroquin failed to establish that she was
    persecuted on account of a protected ground, she doesn’t qualify
    for humanitarian asylum or withholding of removal. 
    8 C.F.R. § 1208.13
    (b)(1)(iii) (requiring past persecution on account of a
    2 Because Felix-Marroquin failed to establish a nexus between her harm and
    her proposed particular social groups, we don’t address whether those groups
    are cognizable.
    USCA11 Case: 21-12162       Date Filed: 06/09/2022    Page: 4 of 4
    4                     Opinion of the Court                21-12162
    protected ground for a grant of humanitarian asylum); Lin v. U.S.
    Att’y Gen., 
    555 F.3d 1310
    , 1317 (11th Cir. 2009) (noting that the
    standard applicable to withholding-of-removal claims is more strin-
    gent than that applicable to asylum claims). Accordingly, we deny
    Felix-Marroquin’s petition for review.
    PETITION DENIED.
    

Document Info

Docket Number: 21-12162

Filed Date: 6/9/2022

Precedential Status: Non-Precedential

Modified Date: 6/9/2022