Hidalgo-Nunez v. Garland

Appellate Case: 22-9518 Document: 010110752069 Date Filed: 10/12/2022 Page: 1 FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 12, 2022 FOR THE TENTH CIRCUIT _________________________________ Christopher M. Wolpert Clerk of Court ALAN JOVANY HIDALGO-NUNEZ, Petitioner, v. No. 22-9518 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT * _________________________________ Before BACHARACH, BALDOCK, and McHUGH, Circuit Judges. _________________________________ Petitioner Alan Jovany Hidalgo-Nunez’s case appears before us on a petition for review from the Board of Immigration Appeals (BIA). The BIA affirmed the immigration judge’s decision to deny Petitioner withholding of removal and protection under the United Nations Convention Against Torture (CAT). Petitioner asks us to review the BIA’s disposition of his case. Exercising jurisdiction pursuant to 8 U.S.C. § 1252(a)(1), we deny the petition. * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. 1 Appellate Case: 22-9518 Document: 010110752069 Date Filed: 10/12/2022 Page: 2 I. The facts of this case are reflected in Petitioner’s written statements and oral testimony, both of which the immigration judge found credible. Petitioner is a Mexican citizen from the town of Neuva Italia in Michoacan. Petitioner’s extended family have been subject to several violent incidents at the hands of drug cartels in Neuva Italia. In November 2006, the Los Zetas drug cartel extorted members of Petitioner’s family and threatened to kidnap one of his cousins if they refused the cartel’s demands for money. The family, however, was unable to pay. The cartel kidnapped Petitioner’s cousin and he was never seen again. Years after the first incident, in 2015, Petitioner’s cousin was kidnapped and murdered by another drug cartel operating in Neuva Italia, the Knights Templar, after Petitioner’s uncle refused to pay them protection money. About 5 months after his cousin’s murder, the Knights Templar murdered Petitioner’s uncle as well. Meanwhile, in 2006, Petitioner’s immediate family decided to leave Neuva Italia. In December 2006, Petitioner, who was 14 years-old at the time, unlawfully entered the United States with his parents and siblings. Petitioner then lived an unobtrusive life in the United States for over a decade—until a September 2017 arrest for driving under the influence attracted the attention of the Department of Homeland Security (DHS). DHS filed a Notice to Appear (NTA) and initiated the present removal proceedings. Thereafter, Petitioner appeared before an immigration judge with counsel and admitted the factual allegations articulated in the NTA and conceded its charges. Petitioner then applied for relief in the form of withholding of removal and protection 2 Appellate …

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