FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 30, 2021 _________________________________ Christopher M. Wolpert Clerk of Court ELIDA NOEMI MANCHAME- MORALES; VICTOR ALBERTO OLIVA-MANCHAME, Petitioners, v. No. 20-9599 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, * Respondent. _________________________________ ORDER AND JUDGMENT ** _________________________________ Before MATHESON, BRISCOE, and CARSON, Circuit Judges. _________________________________ * On March 11, 2021, Merrick B. Garland became Attorney General of the United States. Consequently, his name has been substituted for William P. Barr as Respondent, per Fed. R. App. P. 43(c)(2). ** 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Elida Noemi Manchame-Morales, the lead petitioner, filed applications for asylum, restriction on removal, 1 and protection under the Convention Against Torture (“CAT”), on behalf of herself and her minor child and co-petitioner, Victor Alberto Oliva-Manchame. Both are natives and citizens of Guatemala. An immigration judge (“IJ”) denied the applications. The Board of Immigration Appeals dismissed Petitioners’ appeal of the IJ’s order and entered a final order of removal. They now appeal the Board’s order. 2 Exercising jurisdiction under 8 U.S.C. § 1252, we deny the petition for review. I. BACKGROUND In her testimony and the affidavits she submitted in support of her applications, Ms. Manchame-Morales explained why she fears returning to Guatemala. Her father started sexually assaulting her when she was seven. He also assaulted her sisters. They did not report him to the police because their mother had left the family and he was their only caretaker. Ms. Manchame-Morales ultimately left the father’s home and moved in with a sister. When she was 14 and the sister could no longer support her, she found a job and started supporting herself. 1 Restriction on removal used to be called “withholding of removal.” Neri-Garcia v. Holder, 696 F.3d 1003, 1006 n.1 (10th Cir. 2012) (quotations omitted). 2 Petitioners also sought termination of their removal proceedings in light of Pereira v. Sessions, 138 S. Ct. 2105 (2018). The IJ denied the motion and the Board upheld that ruling. Petitioners do not challenge that aspect of the Board’s decision in their petition for review, so we do not address it. 2 At age 17, Ms. Manchame-Morales met and started living with her partner, Luis Alberto Oliva Arrivillaga (Luis), who is Victor’s father. Luis was a machine operator and made a good salary. Gang members began to harass him and take his money. He told her that if he refused to give them money, they would threaten to kill …
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