Floridalma Garcia-Garcia v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 19-3464 ____________ FLORIDALMA CLAUDIA GARCIA-GARCIA; B.M.G., Petitioners v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________ On Petition for Review of a Decision of the Board of Immigration Appeals (Nos. A202-133-503 & A202-133-504) Immigration Judge: Steven A. Morley ______________ Submitted Under Third Circuit L.A.R. 34.1(a) May 29, 2020 ______________ Before: AMBRO, HARDIMAN and RESTREPO, Circuit Judges. (Filed: September 22, 2020) ____________ OPINION* ____________ RESTREPO, Circuit Judge. Floridalma Claudia Garcia-Garcia and her daughter, both natives and citizens of Guatemala, petition for review of an order of the Board of Immigration Appeals * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. (BIA) dismissing an appeal of their asylum claim. Based on the administrative record before us, we will deny this petition. I Garcia-Garcia, the lead petitioner, and her daughter moved to the United States from Guatemala in October 2014 and have lived here ever since.1 Born and raised in Guatemala, Garcia-Garcia is part of the indigenous Mam population, descendants of the Mayans. Her primary language is Mam, though she also speaks some Spanish. In 2008, at age sixteen, she had her first of two children with Orlando G. Monterroso Mazariegos in Guatemala; their second child was born in the United States in 2015. Mazariegos is not Mam and primarily speaks Spanish. The couple and their two children live in Westchester, Pennsylvania. Before moving to the United States, while living in Guatemala, Garcia-Garcia endured harassment, employment discrimination, and mistreatment by Mazariegos’s family that she attributes to her status as an indigenous person. Like others in the Mam community, she was denied certain jobs because of her Mam status. Even when indigenous people are able to find work in Guatemala, they are often made to work excessive hours or for less pay. In addition to societal discrimination, Mazariegos’s family caused her significant problems. Three months after she met Mazariegos, the couple moved in with his elderly parents both to care for them and to conserve resources because they could not afford to live on their own. A year into living there, and one month after the 1 We present the facts as set forth before the Immigration Judge (IJ) by Garcia- Garcia, whom the IJ found to be a credible witness. 2 birth of their first child, Mazariegos moved to the United States while Garcia-Garcia remained in Guatemala to care for his parents. That is when her problems with his family began. Garcia-Garcia testified before the IJ that Mazariegos’s sisters felt she was “invading the space” of their parents. App. 115. His sisters would demand that she leave the house and would “hit [her] and even throw things at [her]” every day. App. 115. She explained that because she was Mam and Mazariegos was not, “his family therefore hated [her].” App. 121. Garcia-Garcia lived with them for approximately six years after Mazariegos moved away, until she joined him in the ...

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