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Martinez-Galarza v. Holder

United States Court of Appeals, Eighth Circuit

April 9, 2015

Santiago Martinez-Galarza, also known as Facundo Parias-Martinez, Petitioner
v.
Eric H. Holder, Jr., Attorney General of the United States, Respondent

Submitted February 11, 2015

Petition for Review of an Order of the Board of Immigration Appeals.

For Santiago Martinez-Galarza, also known as Facundo Parias-Martinez, Petitioner: Elvis Ikenna Abanonu, LAW OFFICE OF ELVIS ABANONU, Oakdale, MN.

For Eric H. Holder, Jr., Attorney General of the United States, Respondent: Scott Baniecke, U.S. IMMIGRATION & NATURALIZATION SERVICE, Bloomington, MN; Karen Yolanda Drummond, Brooke Maurer, Carl H. McIntyre, Rosanne Perry, Trial Attorney, U.S. DEPARTMENT OF JUSTICE, Civil Division, Office of Immigration Litigation, Washington, DC.

Before BYE, BEAM, and BENTON, Circuit Judges.

OPINION

Page 991

BEAM, Circuit Judge.

Santiago Martinez-Galarza, a citizen and native of Mexico, petitions for review of an order of the Board of Immigration Appeals (BIA) upholding an immigration judge's (IJ) denial of Martinez-Galarza's application for asylum, withholding of removal, withholding under the Convention Against Torture (CAT) and voluntary departure. We deny the petition for review.

I. BACKGROUND

Martinez-Galarza entered the United States on or about August, 20, 1986, without admission or parole, and in 1999 he was granted voluntary departure bye an IJ and left the United States. Martinez-Galarza entered the United States again on or about May 20, 2000, without admission or parole. In October 2010, Martinez-Galarza was arrested by Immigration and Customs Enforcement (ICE) and subsequently removal proceedings were commenced against Martinez-Galarza, charging him with removability under

Page 992

§ 212(a)(6)(A)(i) of the Immigration and Nationality Act (INA). Martinez-Galarza asserts that after ICE detained him, ICE agents promised to help him stay in the United States and obtain a work permit for him, in exchange for information on Adrian Parias Sanchez, Martinez-Galarza's nephew. Martinez-Galarza asserts he provided information on Sanchez, which resulted in the arrest and subsequent removal of Sanchez. Sanchez was arrested and deported back to Mexico in November 2010.

Martinez-Galarza was initially scheduled to appear before the court on February 17, 2011, but his master calendar hearing was continued. On February 7, 2012, Martinez-Galarza appeared, with counsel, before an IJ. He admitted all of the factual allegations and conceded the charge of removability. Martinez-Galarza declined to designate a country, and the IJ designated Mexico. The IJ also noted that Martinez-Galarza was not eligible for voluntary departure as he had previously been granted voluntary departure by the court in 1999 and, after leaving, reentered the United States illegally in 2000.

Martinez-Galarza filed an application for asylum, withholding of removal and protection under the CAT. On September 18, 2012, Martinez-Galarza submitted a prehearing memorandum in support of his application. In the memorandum, Martinez-Galarza asserted that he was a member of a social group " consisting of people who have provided information to [ICE] to enable that organization to remove individuals residing illegally in the [United States]," as well as a member of a second social group consisting of " witnesses for ICE." Martinez-Galarza also recounted in the memorandum his 2010 detainment by ICE, and his assertions that ICE promised to allow him to remain in the United States and issue a work permit, in exchange for information on Sanchez. Martinez-Galarza stated that he feared returning to Mexico because of Sanchez, who believed that Martinez-Galarza had " ended his American dream." Martinez-Galarza further asserted that Sanchez had beaten his brother, Esteban, and killed his nephew, Marcelo Alarcon, because Sanchez was angry with Martinez-Galarza. Martinez-Galarza also asserted that Sanchez threatened to kill him. Lastly, Martinez-Galarza acknowledged that his petition for asylum was untimely filed, but he argued that the November ...


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