Reyes Lopez v. Sessions

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 13, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court WENDY REYES LOPEZ; WENDY NICOLE REYES LOPEZ, Petitioners, v. No. 18-9548 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before BRISCOE, McKAY, and LUCERO, Circuit Judges. _________________________________ Wendy Reyes Lopez and her minor daughter, Wendy Nicole Reyes Lopez, are natives and citizens of Mexico. They petition for review of an order by the Board of Immigration Appeals (BIA) affirming a decision by the Immigration Judge (IJ)  In accordance with Rule 43(c)(2) of the Federal Rules of Appellate Procedure, William P. Barr is substituted for Jefferson B. Sessions, III, as the respondent in this action. ** 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Exercising jurisdiction under 8 U.S.C. § 1252(a), we deny the petition for review. BACKGROUND Lopez and her daughter applied for admission into the United States from Mexico at a port-of-entry on or about June 11, 2014, without valid visas or other entry documents as required by the Immigration and Nationality Act (INA). See 8 U.S.C. § 1182(a)(7)(A)(i)(I). The Department of Homeland Security placed them in removal proceedings, and Lopez conceded she and her daughter were removable as charged at a hearing before an IJ. Lopez timely filed an application for asylum, withholding of removal, and protection under the CAT, including her daughter as a derivative applicant. An IJ held a hearing on Lopez’s application on June 20, 2017. At the hearing, Lopez testified that she left Mexico because she was afraid of the crime and violence there, but that she and her daughter had not been personally harmed or threatened before entering the United States. She further testified she feared returning to Mexico because of threats she received after coming to the United States. These threats were made by Raul Antonio Chavez Bejar (Chavez), her sister Geraldine’s former partner, after Lopez helped her sister and niece, Chavez’s daughter, escape his physical abuse by giving them shelter after they sought asylum in the United States. Lopez testified Chavez threatened Lopez’s mother in Mexico and told her he would 2 harm Lopez, her husband, and her daughter if they returned to Mexico.1 Lopez also stated Chavez sent her a single threatening text in July 2014, approximately three years before the asylum hearing. Lopez testified that Chavez was involved ...

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