United States Court of Appeals

for the Fifth Circuit

No. 19-60568

Summary Calendar

Margarita Ancela Miranda-Valentin; Brener Jafet 

Melendes-Miranda,

Petitioners,

versus

Robert M. Wilkinson, Acting U.S. Attorney General, 

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A202 146 938

BIA No. A202 146 939

Before Owen, Chief Judge, and Dennis and Ho, Circuit Judges.

Per Curiam:*

Margarita Ancela Miranda-Valentin and her son, Brener Jafet 

Melendes-Miranda, are natives and citizens of Honduras who petition for 

review of the decision of the Board of Immigration Appeals (BIA) affirming 

* 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opinion should not be published and is not precedent except under the limited 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.

United States Court of Appeals

Fifth Circuit

FILED

March 5, 2021

Lyle W. Cayce

Clerk

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the denial of their applications for asylum, withholding of removal, and relief 

under the Convention Against Torture (CAT), and dismissing their appeal.

The petitioners argue that the record contains substantial evidence of 

their well-founded fear of persecution based on their Garifuna race. They 

specifically point to the murder of their family members and MirandaValentin’s partner who were Garifuna. Miranda-Valentin’s testimony, 

according to the petitioners, established her fear of returning because the 

individuals who murdered her family members and partner may think she is 

trying to take land back that gangs and drug traffickers stole. The petitioners 

further argue that a gang’s efforts to recruit Melendes-Miranda under threat 

of death, based on his Garifuna status, further contributed to their fear of 

persecution. Regarding whether Miranda-Valentin could relocate in 

Honduras, the petitioners emphasize her testimony that “there’s no safe 

place over there anymore.” Finally, the petitioners argue that the hardship 

Garifuna in Honduras face is “critical” according to the U.S. State 

Department’s Human Rights Report.

This court reviews only the BIA’s decision, “unless the IJ’s decision 

has some impact on” that decision, as it did here. Wang v. Holder, 569 F.3d 

531, 536 (5th Cir. 2009). Factual findings are reviewed under the substantial 

evidence standard, and legal questions are reviewed de novo. Rui Yang v. 

Holder, 664 F.3d 580, 584 (5th Cir. 2011) (quoting Zhu v. Gonzales, 493 F.3d 

588, 594 (5th Cir. 2007)). The BIA’s determination that an alien is not 

eligible for asylum or withholding of removal is reviewed under the 

substantial evidence standard. Chen v. Gonzales, 470 F.3d 1131, 1134 (5th Cir. 

2006) (first citing Zhao v. Gonzales, 404 F.3d 295, 306 (5th Cir. 2005); and 

then citing Zamora-Morel v. I.N.S., 905 F.2d 833, 838 (5th Cir. 1990)). Under 

that standard, the petitioner must show that “the evidence is so compelling 

that no reasonable factfinder could reach” a conclusion contrary to that of 

the BIA. Id. (citing Zhao, 404 F.3d at 306). Because the petitioners do not 

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raise any arguments as to their request for relief under CAT, they have

abandoned any argument as to that issue. See Chambers v. Mukasey, 520 F.3d 

445, 448 n.1 (5th Cir. 2008) (citing Cal. Gas Transp., Inc. v. N.L.R.B., 507 

F.3d 847, 852 n.3 (5th Cir. 2007)).

Although the BIA adopted and affirmed the IJ’s decision—which 

denied the asylum application as untimely and alternatively on the merits—

the BIA’s decision did not expressly address timeliness. Instead, the BIA 

dismissed the appeal of the denial of the asylum application on the merits. 

Thus, we will review the merits. Cf. Zhu v. Ashcroft, 382 F.3d 521, 527 (5th 

Cir. 2004) (remanding when it was unclear whether the BIA affirmed the IJ’s 

decision on a reviewable basis). 

Substantial evidence supports the agency’s determination that neither

of the petitioners suffered harm that rose to the level of persecution. See

Chen, 470 F.3d at 1134. Miranda-Valentin claims no past harm to herself, and 

the purported past persecution of her family members and partner cannot be 

imputed to her. See Morales v. Sessions, 860 F.3d 812, 816 (5th Cir. 2017). 

Melendes-Miranda suffered threats by gang members, but threats without

physical harm are generally insufficient to establish past persecution. See 

Tesfamichael v. Gonzales, 469 F.3d 109, 114, 116-17 (5th Cir. 2006).

Substantial evidence also supports the agency’s decision that the 

petitioners failed to establish a well-founded fear of persecution because 

internal relocation was reasonable for them. See 8 C.F.R. § 1208.13(b)(2)(ii)

(2021). The evidence presented by the petitioners is that they both lived, 

without incident, in cities several hours away from where their family 

members were murdered. Furthermore, the petitioners have several family 

members, who are also Garifuna, currently living in Honduras without facing 

harm. Finally, the record indicates that the gangs and drug traffickers who 

murdered the petitioners’ family members did so because of land disputes as 

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opposed to the victims’ Garifuna race. Thus, the petitioners cannot establish 

that they are entitled to asylum. See Zhang v. Gonzales, 432 F.3d 339, 344

(5th Cir. 2005) (“To establish a well-founded fear of future persecution, an 

alien must demonstrate a subjective fear of persecution, and that fear must 

be objectively reasonable.” (quoting Zhao, 404 F.3d at 307)).

Because the petitioners have not shown that they are eligible for 

asylum, they cannot meet the higher standard to show that they are eligible 

for withholding of removal. See Dayo v. Holder, 687 F.3d 653, 658-59 (5th 

Cir. 2012). Therefore, Miranda-Valentin and Melendes-Miranda’s petition 

for review is DENIED.

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