Moreno-Osorio v. Garland, No. 20-1035 (4th Cir. 2021)
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Moreno-Osorio arrived in the U.S. in 2009 and in 2016 returned to Honduras pursuant to a grant of voluntary departure. Upon arriving in Honduras, Moreno-Osorio and his cousins were confronted by street gang members, some of whom were armed, who told Moreno-Osorio that “people who come back from the United States come back with money,” and ordered that he give them money or join their gang: “They told me my life was on the line.” Moreno-Osorio decided to immediately return to the U.S. without filing a police report; “the police do nothing in these cases.”
In January 2017, he was apprehended and was charged with inadmissibility under 8 U.S.C. 1182(a)(7)(A)(i)(I). He received a credible finding of fear during his asylum interview. According to the Department of State Overseas Security Advisory Council’s Honduras 2018 Crime and Safety Report, the Honduran Government “lacks resources to investigate and prosecute cases … criminals operate with a high degree of impunity.” Other evidence indicated that the Honduran Government has undertaken efforts to root out public corruption and gang violence. After being released on bond from DHS custody, Moreno-Osorio was arrested and pled guilty to unlawful wounding in violation of Virginia law.
The Fourth Circuit affirmed that Moreno-Osorio was ineligible for asylum based upon his conviction of a crime of violence; that he was ineligible for withholding of removal; and that he did not qualify for protection from removal under the Convention Against Torture.
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