Jimenez-De Cerpas v. Garland ( 2022 )

Case: 21-60451 Document: 00516394044 Page: 1 Date Filed: 07/14/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 14, 2022
No. 21-60451 Lyle W. Cayce
Summary Calendar Clerk
Maria De La Cruz Jimenez-De Cerpas; Jose Manuel
Cerpas-Jimenez; Jorge Humberto Cerpas-Jimenez; Elber
Humberto Cerpas-Jimenez,
Petitioners,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A206 769 618
Agency No. A206 769 619
Agency No. A206 769 620
Agency No. A206 769 621
Before Stewart, Duncan, and Wilson, Circuit Judges.
Case: 21-60451 Document: 00516394044 Page: 2 Date Filed: 07/14/2022
No. 21-60451
Per Curiam:*
Maria De La Cruz Jimenez-De Cerpas, a native and citizen of El
Salvador, petitions for review a decision of the Board of Immigration Appeals
(BIA) dismissing her appeal from a decision of an Immigration Judge (IJ)
concluding that she was ineligible for asylum and withholding of removal.1
We review the decision of the BIA for substantial evidence. Zhang v.
Gonzales, 432 F.3d 339, 344 (5th Cir. 2005). Additionally, we consider the
IJ’s decision only to the extent that it influenced the BIA. Singh v. Sessions,
880 F.3d 220, 224 (5th Cir. 2018).
Jimenez-De Cerpas has not shown that the evidence compels a
conclusion contrary to that of the BIA on the question whether she showed
it was unreasonable to expect her to relocate within El Salvador. See Munoz-
Granados v. Barr, 958 F.3d 402, 407 (5th Cir. 2020); Lopez-Gomez v. Ashcroft,
263 F.3d 442, 446 (5th Cir. 2001); 8 C.F.R. § 208.13(b)(2)(ii)). Accordingly,
she has not shown that the evidence compels a conclusion contrary to that of
the BIA on the issue whether she showed eligibility for asylum and
withholding. See Zhang, 432 F.3d at 344; Efe v. Ashcroft, 293 F.3d 899, 906
(5th Cir. 2002). Her argument concerning the BIA’s use of the “one central
reason” standard to assess her withholding claim is, as she concedes,
foreclosed. See Vasquez-Guerra v. Garland, 7 F.4th 265, 271 (5th Cir. 2021),
cert. denied, 142 S. Ct. 1228 (2022). The petition for review is DENIED.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
1
The respondents are a mother and her minor children.
2