FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT January 8, 2021 _________________________________ Christopher M. Wolpert Clerk of Court SAMUEL NEFTALI ORELLANA- QUINTANILLA, Petitioner, v. No. 19-9594 (Petition for Review) JEFFREY ROSEN, Acting United States Attorney General, * Respondent. _________________________________ ORDER AND JUDGMENT ** _________________________________ Before LUCERO, HOLMES, and EID, Circuit Judges. _________________________________ Petitioner Samuel Neftali Orellana-Quintanilla, a native and citizen of El Salvador, petitions for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal from the Immigration Judge’s (IJ) denial of withholding * On December 24, 2020, Jeffrey Rosen became Acting 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 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. of removal. Exercising jurisdiction under 8 U.S.C. § 1252(a), we deny the petition for review. I Petitioner, who had been previously removed from the United States on multiple occasions pursuant to an order entered in 2000, most recently re-entered the country without authorization in 2008. In 2018, he was apprehended by the Department of Homeland Security’s (DHS) Fugitive Operations Unit. The DHS detained Petitioner and reinstated the removal order. When Petitioner said he was afraid to return to El Salvador, he was interviewed by an asylum officer who determined that he had a reasonable fear of persecution. The case was then referred for withholding proceedings. At an IJ hearing in May 2019, Petitioner testified that in 2010, two years after his most recent re-entry to the United States, the Mara Salvatrucha (MS-13) gang tried to recruit his brother, Henry, as a member. “[M]y brother [Henry] had problems with [MS-13]. So that problem started because they wanted to recruit [Henry] into the gang. . . . And then when [Henry refused] that’s when the problems started.” Henry resisted recruitment and fled to the United States. When MS-13 discovered that Henry “wasn’t in El Salvador anymore,” they murdered Henry’s friend, Miguel Hernandez. Not long after the murder, Henry’s brother, Luis, moved away from the family home and has lived safely in El Salvador. By the time of the hearing, Henry and his other brothers were all living in the United States. 2 Petitioner added that a month or two before his hearing, an unnamed individual who was not “a gang member [but] somebody close . . . to [a gang member] asked . . . my father directly” about Henry and his brothers. According to ...
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