United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 4, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-60901
Summary Calendar
ISAU ALEXANDER FLORES-PORTILLO,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A77 445 199
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Isau Alexander Flores-Portillo petitions for review of an
order of the Board of Immigration Appeals ("BIA") summarily
affirming the immigration judge's ("IJ") decision to deny his
application for asylum, withholding of removal, and relief under
the Convention Against Torture ("CAT"). Flores-Portillo argues
that the IJ erroneously determined that he failed to show
membership in a cognizable social group, i.e. Honduran street
children. He argues that he showed past persecution and a fear
*
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that this opinion should not be published and is not precedent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.
No. 03-60901
-2-
of future persecution by the Honduran government because of
pervasive violence against street children. He further argues
that he demonstrated persecution at the hand of his abusive
father.
After reviewing the record and the briefs, we conclude that
the decision is supported by substantial evidence and that the
evidence in the record does not compel a conclusion contrary to
that reached by the IJ and BIA. See INS v. Elias-Zacarias, 502
U.S. 478, 483-84 (1992); Mikhael v. INS, 115 F.3d 299, 302 (5th
Cir. 1997). For example, Flores-Portillo's alleged social group
is so broad that it is questionable whether it is a cognizable
social group with a characteristic innate or fundamental to the
group's identity and whether Flores-Portillo suffered harm
because of membership in such a group. Further, violence in
Honduras has been experienced by both adults and children, and
the Honduran government has responded with investigations and
prosecutions, although problems remain. Moreover, the domestic
abuse suffered by Flores-Portillo came from a father who he
testified frequently drank and abused his family.
The petition for review is DENIED.