FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 11, 2020 _________________________________ Christopher M. Wolpert Clerk of Court EMMA ROSA AMAYA JIMENEZ; JANE DOE, a minor child, Petitioners, v. Nos. 17-9548 & 18-9541 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before LUCERO, BALDOCK, and MORITZ, Circuit Judges. _________________________________ Petitioners are a mother and her minor daughter from Honduras who unsuccessfully sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT) on domestic violence grounds. Their petition for review challenges (1) the September 28, 2017, Board of Immigration Appeals (BIA) decision dismissing the appeal of the denial of their claims for asylum and * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. withholding of removal; and (2) the May 31, 2018, BIA decision denying their motion to reopen their removal proceeding based on ineffective assistance of counsel. Petitioners have also filed a motion to remand to the BIA. Exercising jurisdiction under 8 U.S.C. § 1252, we deny the petition for review, as well as the motion to remand. I. Background Petitioner Jane Doe is the minor daughter of Petitioner Emma Rosa Amaya Jimenez. She is now six years old, and her mother is thirty-four years old. Natives and citizens of Honduras, they entered the United States illegally via Texas on December 13, 2014. The Department of Homeland Security initiated removal proceedings against them by serving them with a Notice to Appear (NTA) alleging they were present in the United States without being admitted or paroled after inspection. See 8 U.S.C. § 1182(a)(6)(A)(i). Petitioners conceded removability before the immigration court but applied for asylum, withholding of removal, and protection under the CAT. Jane Doe is a derivative beneficiary on her mother’s application for asylum, see id. § 1158(b)(3), but she filed her own I-589 application for withholding of removal and protection under the CAT. The Immigration Judge (IJ) held a hearing on Petitioners’ applications in October 2016. Ms. Amaya Jimenez testified. The crux of her testimony was that she was in a physically and emotionally abusive relationship with a man named Oscar Alirio Hernandez for about two years. She received such a severe beating during her pregnancy that she had to go to the hospital. Mr. Hernandez is Jane Doe’s father, but 2 his name is not on Jane Doe’s birth certificate because he did not want her to “carry his name.” Pet’rs’ App. at 150. Mr. Hernandez regularly hit her, Jane ...
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