Jaime Martinez-De Paz v. Jefferson Sessions, III

Case: 17-60416 Document: 00514482464 Page: 1 Date Filed: 05/22/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-60416 May 22, 2018
Summary Calendar
Lyle W. Cayce
Clerk
JAIME ALBERTO MARTINEZ-DE PAZ,
Petitioner
v.
JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A205 300 886
Before JOLLY, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Jaime Alberto Martinez-De Paz, a native and citizen of El Salvador, has
petitioned this court for review of the order of the Board of Immigration
Appeals (BIA) affirming the denial of asylum, withholding of removal, and
protection under the Convention Against Torture (CAT). Reviewing the BIA’s
factual findings for substantial evidence, see Orellana-Monson v. Holder, 685
F.3d 511, 517-18 (5th Cir. 2012), we deny the petition.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-60416 Document: 00514482464 Page: 2 Date Filed: 05/22/2018
No. 17-60416
First, the BIA reasonably applied this court’s precedent to the facts in
concluding that Martinez-De Paz’s account of a single incident of criminal
economic extortion by gang members was not cognizable as persecution for
asylum purposes. See Morales v. Sessions, 860 F.3d 812, 815 (5th Cir. 2017);
Castillo-Enriquez v. Holder, 690 F.3d 667, 668 (5th Cir. 2012)). Martinez fails
to demonstrate that the evidence compels a different result. See Orellana-
Monson, 685 F.3d at 518. Second, because Martinez-De Paz failed to establish
his eligibility for asylum, he necessarily failed to meet the higher standard
applicable to withholding of removal. See id. Third, Martinez demonstrates
no error in the BIA’s rejection of his speculative claim that he would be tortured
with the acquiescence of government officials upon his return to El Salvador.
See Morales, 860 F.3d at 818.
PETITION DENIED.
2