Case: 20-61077 Document: 00516227393 Page: 1 Date Filed: 03/07/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 7, 2022 No. 20-61077 Lyle W. Cayce Summary Calendar Clerk Juana Oralia Hernandez Ochoa, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A216 074 540 Before Southwick, Oldham, and Wilson, Circuit Judges. Per Curiam:* Juana Oralia Hernandez Ochoa, a native and citizen of Guatemala, entered the United States without inspection. She petitions for review of the Board of Immigration Appeals decision affirming the Immigration Judge’s denial of her claims for withholding of removal, protection under the * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-61077 Document: 00516227393 Page: 2 Date Filed: 03/07/2022 No. 20-61077 Convention Against Torture, and voluntary departure. The petition is DENIED. FACTUAL AND PROCEDURAL BACKGROUND In February 2010, Juana Oralia Hernandez Ochoa entered the United States without inspection. On September 8, 2017, the Department of Homeland Security served her with a Notice to Appear and charged her as removable. Hernandez Ochoa admitted to the allegations in the Notice and conceded removability. She applied for withholding of removal, protection under the Convention Against Torture (CAT), and voluntary departure. On October 4, 2018, the Immigration Judge (IJ) held a hearing on her application for relief. Hernandez Ochoa testified to explain that she fears returning to Guatemala because she believes she will be harmed by her ex- husband and brother. Her fear is based on previous experiences of abuse at the hands of her ex-husband and sexual assault by her cousin, brother, and brother-in-law. Hernandez Ochoa’s ex-husband began abusing her after she became pregnant with their first daughter. She testified he hit her every 15 days, sometimes to the point that she required medical treatment. Once he threatened her with a firearm, and on another occasion, he attempted to drown her. She never reported the abuse to the Guatemalan police. She was able to leave him in March 2003 when she left Guatemala for the United States. Hernandez Ochoa also testified that some of her family members sexually assaulted and harmed her. She explained that at a young age she was raped at different times by her brother and cousin, and her brother-in-law attempted to do the same. She also testified that in 2008, when she briefly returned to Guatemala, the same brother trapped her in a house and demanded money. She was only able to escape when she promised him that 2 Case: 20-61077 Document: 00516227393 Page: 3 Date Filed: 03/07/2022 No. 20-61077 she would give him money the next day. She did not report any of these incidents to the police. Her father initiated a complaint related to the brother-in-law’s attempted rape, but the complaint was not pursued because her …
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