FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 16, 2021 _________________________________ Christopher M. Wolpert Clerk of Court MARIA TORRES DE LOPEZ, a/k/a Maria Torresdelopez, a/k/a Maria Teresa Torresdelopez, a/k/a Maria Teresa Teresa Torrez Delopez, a/k/a Teresa Torrez-Saenz, a/k/a Maria Torres de Lopez, a/k/a Maria Teresa Teresa Torres Delopez, Petitioner, v. No. 20-9523 (Petition for Review) MERRICK B. GARLAND, United States Attorney General,* Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before MATHESON, BALDOCK, and CARSON, Circuit Judges. _________________________________ * On March 11, 2021, Merrick B. Garland became Attorney General of the United States. Consequently, his name has been substituted for William P. Barr as Respondent. See 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Maria Torres de Lopez, a native and citizen of Mexico, appeals the denial of her application for deferral of removal under the United Nations Convention Against Torture (CAT). Exercising jurisdiction under 8 U.S.C. § 1252(a), we grant the petition for review and remand for further proceedings. I. Background Torres de Lopez became a lawful permanent resident (LPR) of the United States in 1986 and resided in the Denver, Colorado area. In 2004, she pled guilty to one count of importing a quantity of marijuana. She was sentenced to one year plus one day in prison, and she lost her LPR status. In 2005, after her release from prison, an immigration judge (IJ) ordered Torres de Lopez removed to Mexico based on her conviction. Soon after her removal, she returned to Denver. In 2018, acting on an anonymous tip to an immigration-law enforcement center, the government served her with a notice of intent to reinstate the prior order of removal. Before an immigration officer, Torres de Lopez expressed a fear of torture if she returns to Mexico, so her matter was referred to an IJ for withholding-only proceedings. See 8 C.F.R. § 208.31(e). There, she sought CAT deferral.1 Before the IJ, Torres de Lopez testified about the basis of her fear of torture if she returns to Mexico. In 2003, she traveled to Juárez, Mexico to promote a 1 Initially, Torres de Lopez also applied for asylum, statutory withholding of removal, and CAT withholding, but she conceded that her importation conviction left her eligible only for CAT deferral. 2 multilevel marketing business selling nutritional supplements. There, her nephew, David, took her to a birthday party for the son of a man known as “El Pato.” Torres de Lopez intended to discuss her business with …
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