Bolainez-Vargas v. Garland

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 8, 2021 _________________________________ Christopher M. Wolpert Clerk of Court GUSTAVO ARMANDO BOLAINEZ- VARGAS, Petitioner, No. 20-9527 (Petition for Review) v. MERRICK B. GARLAND, United States Attorney General,* Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before HARTZ, MORITZ, and EID, Circuit Judges. _________________________________ Gustavo Armando Bolainez-Vargas, a native and citizen of El Salvador, petitions for review of the decision by the Board of Immigration Appeals (BIA) dismissing the appeal from the denial by an immigration judge (IJ) of his applications for asylum, restriction on removal, and relief under the Convention Against Torture * On March 11, 2021, Merrick B. Garland became Attorney General of the United States. Consequently, he has been substituted as Respondent. See Fed. R. App. P. 43(c)(2). ** This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. (CAT). Exercising jurisdiction under 8 U.S.C. § 1252(a), we deny the petition for review. I. Mr. Bolainez-Vargas entered the United States in 2013 as a 16-year-old unaccompanied minor. Shortly after his entry, the Department of Homeland Security (DHS) charged him with being present in this country without lawful admission or parole. See id. § 1182(a)(6)(A)(i). He conceded the charge but applied for asylum, restriction on removal, and relief under the CAT. At a hearing before the IJ, Mr. Bolainez-Vargas and his uncle, Salvador Bolainez, described gang violence that their family experienced in El Salvador. Salvador testified that in 2007, Mr. Bolainez-Vargas’s parents were attacked by the MS-13 gang because they failed to move their small business out of a rival gang’s territory. He said that Mr. Bolainez-Vargas’s father was killed and his mother was shot nine times, although she survived. The family contacted the police about the shooting, but the police “just let go of it” because they did not want to get shot or killed themselves. Certified Administrative Record (CAR) 136. Salvador stated that after the shooting, Mr. Bolainez-Vargas and his siblings moved two hours away to live with an uncle, but there were gang members there who threatened them. The children continued to move between family members and their mother until she could no longer care for them due to her injuries. Salvador lost track of the children until he was notified by DHS that Mr. Bolainez-Vargas was in custody in Texas. 2 For his part, Mr. Bolainez-Vargas testified that after the shooting his aunt came to his house and told him his father was dead and his mother was in surgery. He did not understand what had happened because he was only ten years old, but he went to live with his aunt and uncle in the town of Guatajiagua for a short time. The gangs continued watching him, and his mother wanted him to move back …

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