Edgar Reyes Padilla v. William Barr, U. S. Atty Ge ( 2020 )

Case: 19-60420 Document: 00515617341 Page: 1 Date Filed: 10/27/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 27, 2020
No. 19-60420
Lyle W. Cayce
Summary Calendar Clerk
Edgar Dodany Reyes Padilla,
Petitioner,
versus
William P. Barr, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A201 143 975
Before King, Smith, and Wilson, Circuit Judges.
Per Curiam:*
Edgar Dodany Reyes Padilla, a native and citizen of Honduras,
petitions for review of a decision of the Board of Immigration Appeals (BIA)
dismissing his appeal from the Immigration Judge’s (IJ) denial of his
application for withholding of removal, which he sought based on, inter alia,
*
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opinion should not be published and is not precedent except under the limited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.
Case: 19-60420 Document: 00515617341 Page: 2 Date Filed: 10/27/2020
No. 19-60420
his membership in a particular social group. Reyes Padilla does not brief and
thus has abandoned any challenge to the BIA’s additional rulings concerning
his applications for withholding of removal based on his political opinion and
for relief under the Convention Against Torture. See Zhu v. Gonzales, 493
F.3d 588, 593 n.10 (5th Cir. 2007). Furthermore, his failure to exhaust
administrative remedies as to his CAT claim is a jurisdictional bar to our
consideration of the issue. See Omari v. Holder, 562 F.3d 314, 318-19 (5th Cir.
2009).
In this court, Reyes Padilla argues that he showed his eligibility for
withholding of removal because he established his membership in a particular
social group recognized by the IJ and the BIA, namely the Reyes family, and
members of the group have suffered persecution. He contends that the
persecution of other members of the Reyes family entitles him to a rebuttable
presumption that he would suffer persecution if he is returned to Honduras.
Alternatively, Reyes contends that he showed a clear probability of future
persecution based on the persecution of other members of the Reyes family.
It is undisputed that Reyes Padilla has never suffered any physical
harm. Given Reyes Padilla’s testimony that, notwithstanding threats,
members of his family have remained in Honduras unharmed for years, the
denial of his application for withholding of removal was supported by
substantial evidence, and he has not demonstrated that the evidence compels
a contrary conclusion. See Zhu, 493 F.3d at 596-97; see also Martinez-Lopez v.
Barr, 943 F.3d 766, 771 (5th Cir. 2019); Gonzalez-Soto v. Lynch, 841 F.3d 682,
683-84 (5th Cir. 2016); Arif v. Mukasey, 509 F.3d 677, 680-82 (5th Cir. 2007).
IT IS ORDERED that the petition for review is DENIED in part
and is DISMISSED in part.
2