Castillo Reyes v. Sessions


FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 18, 2018 _________________________________ Elisabeth A. Shumaker Clerk of Court ESTELA GUADALUPE CASTILLO REYES, a/k/a Estela Castillo Reyes; KEVIN ALEXANDER BARAHONA CASTILLO; KATERINE MICHELLE CASTILLO REYES, Petitioners, v. No. 17-9550 (Petition for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before LUCERO, HARTZ, and MORITZ, Circuit Judges. _________________________________ Estela Guadalupe Castillo Reyes and her minor children Kevin Alexander Barahona Castillo and Katerine Michelle Castillo Reyes are natives and citizens of El Salvador who entered the United States illegally. They petition for review of an order by the Board of Immigration Appeals (BIA) affirming a decision by the * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Immigration Judge (IJ) that denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture. Exercising jurisdiction pursuant to 8 U.S.C. § 1252(a), we deny the petition for review. BACKGROUND Castillo Reyes, through her asylum application and testimony before the IJ, alleges the following facts:1 She was born in El Salvador in 1990, and entered the United States with her two children when she was 24. Castillo Reyes reports her family in El Salvador was very poor and that she lived alone at 16 after her mother left to find work and didn’t return. Castillo Reyes shared her home for some period of time with the father of her first child, Katerine, but was left alone with her daughter at 19 when Katerine’s father died. Two of Castillo Reyes’s uncles then began sexually harassing her and one of them broke into her home and raped her. She didn’t report the rape to the police because she didn’t think they would do anything. Castillo Reyes testified that the uncles were her only remaining family in El Salvador. After Castillo Reyes’s uncle bragged about the rape to others, one of Castillo Reyes’s acquaintances, Juan Carlos Barahona Gomez, offered to protect her. She and her young daughter moved in with him, but he soon began physically and verbally abusing her. She testified that she nonetheless stayed with him because she and Katerine had nowhere else to go. 1 The IJ found Castillo Reyes’ testimony was credible. 2 Castillo Reyes became pregnant by Barahona Gomez and gave birth to Kevin in February 2014. But two weeks after Kevin was born, Barahona Gomez threw Castillo Reyes, Katerine, Kevin and their clothes out on the street after Castillo Reyes refused to be intimate ...

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