FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 18, 2021 _________________________________ Christopher M. Wolpert Clerk of Court ELFER YASSER GARCIA-TACUNA, Petitioner, v. No. 20-9518 (Petition for Review) ROBERT M. WILKINSON, Acting United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before MATHESON, BALDOCK, and CARSON, Circuit Judges. _________________________________ Elfer Yasser Garcia-Tacuna, a native and citizen of Peru, unlawfully entered the United States in September 2016. Following his apprehension, he applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). An immigration judge (IJ) denied his application, and the Board of Immigration Appeals On January 20, 2021, Robert M. Wilkinson 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. (BIA) dismissed his appeal. Mr. Garcia-Tacuna now petitions this court for review. Exercising jurisdiction under 8 U.S.C. § 1252, we deny the petition. I. BACKGROUND Mr. Garcia-Tacuna served in the Peruvian military for two years, rising to the rank of second sergeant. He returned to his remote indigenous village, where he worked on his parents’ farm and led a community association that provided “security to the town.” Admin. R. at 103. The Peruvian government supplied rifles to the association. One evening in May 2016, eight to ten armed members of the Tupac Amaru Revolutionary Movement (MRTA) appeared at Mr. Garcia-Tacuna’s home and sought to recruit him because he “was a leader” and had “served in the military.” Id. at 107. When he refused, MRTA members “hit [him] with their weapons[ ] and . . . took [him and another community leader] to the river area,” id., where they “tied [their] hands, dunked [them] in the water, beat [them],” and threatened to kill them if they did not “work for [MRTA],” id. at 180. MRTA released the two men and left when Mr. Garcia-Tacuna’s family and other people from the village intervened. Id. at 108; see also id. at 180. This encounter lasted between 30 and 60 minutes. Mr. Garcia-Tacuna suffered an unspecified injury to his knees. He reported the incident to local authorities, but, he said, “[T]hey cannot provide . . . any security.” Id. at 110. Fearing he might be killed, Mr. Garcia-Tacuna left his village with his wife and nine-year-old son. They moved to a town about “[f]our to five hours away,” where his aunt lives. Id. at 109. ...
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