Granados-Aparicio v. Garland

Appellate Case: 22-9515 Document: 010110813844 Date Filed: 02/16/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 16, 2023 _________________________________ Christopher M. Wolpert Clerk of Court XENIA GLORIBEL GRANADOS- APARICIO, Petitioner, No. 22-9515 v. (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before McHUGH, MORITZ, and CARSON, Circuit Judges. _________________________________ Xenia G. Granados-Aparicio, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (BIA) decision that dismissed her appeal from the Immigration Judge’s (IJ) denial of her application for withholding of removal under the Convention Against Torture (CAT). The BIA determined that Petitioner failed to show it is more likely than not that she would be tortured upon * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 22-9515 Document: 010110813844 Date Filed: 02/16/2023 Page: 2 her return to El Salvador with the acquiescence of Salvadoran public officials. Exercising jurisdiction under 8 U.S.C. § 1252(a)(4), we deny the petition. I. BACKGROUND Petitioner was born in El Salvador in 1985. She entered the United States in early July 2013, without being inspected, admitted, or paroled. In September 2017, she filed an application for asylum, withholding of removal, and relief under the CAT. She sought asylum and withholding of removal based on alleged persecution linked to her political opinion and membership in a particular social group, which she defined as the “[f]amily of gang members.” Admin. R. at 138. As to her claim for CAT relief, Petitioner’s application stated that two of her cousins who were associated with the 18th Street Gang (Gang) told some friends that they wanted to kidnap her son because his father was residing in the United States and had enough money to pay a ransom. According to Petitioner, her cousin Carlos —a police officer—overheard the two cousins talking about the kidnapping plot and warned Petitioner. Carlos told her she could file a police report, but it would probably not stop the kidnapping and might backfire because it would alert the Gang that she knew about the plot, which in turn would put her life and that of her son “at great risk of [harm].” Id. at 322. “I fear for my life and that of my son because the . . . Gang knows the reason why I left El Salvador. The [G]ang will seek retribution for [me leaving the country]. I sincerely believe the [G]ang will [harm] me if I return …

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