FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 21, 2021 _________________________________ Christopher M. Wolpert Clerk of Court NICOLASA ANAYA BARRAZA; D. A. MARQUEZ ANAYA; A. I. MARQUEZ ANAYA; P. S. MARQUEZ ANAYA; D. V. MARQUEZ ANAYA, Petitioners, v. No. 20-9529 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before PHILLIPS, McHUGH, and CARSON, Circuit Judges. _________________________________ Petitioners Nicolasa Anaya Barraza and her daughter Angeles Marquez Anaya filed applications for asylum, withholding of removal, and protection under the On March 10, 2021, Merrick B. Garland became 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 to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Convention Against Torture (CAT) based on crimes committed against Angeles and her father in Chihuahua, Mexico.1 An immigration judge denied their applications, and the Board of Immigration Appeals (BIA) affirmed the decision on appeal. Anaya and her children now petition this court for review. Exercising jurisdiction under 8 U.S.C. § 1252, we deny the petition. I. BACKGROUND Nicolasa Anaya Barraza is a native and citizen of Mexico. She and her husband, Jose Marquez Avila, had five children together. Anaya identifies as a member of the Tarahumara ethnic group. The family lived initially in Lajas, Durango, where Anaya was born. But when Anaya’s brother-in-law was killed in Lajas, the family moved to Guadalupe y Calvo, Chihuahua, about 10 hours northwest of Lajas. There the family lived for several years in peace. Eventually, however, the town’s security declined as armed men started showing up and violence increased. Another of Anaya’s brothers-in-law and two of Anaya’s nephews were killed in Guadalupe y Calvo. The town had no police or military presence to protect against such attacks. The family nonetheless stayed because Anaya’s husband had a job and the family owned a home there. In the summer of 2012, a group of armed men Anaya believed were soldiers came to her home and searched for weapons. They found none, but they took Anaya’s husband outside for questioning and then let him go. No one was harmed. 1 Three of Anaya’s other children are derivative beneficiaries on her application and therefore also parties to this petition. 2 A few weeks later, another group of armed men appeared at Anaya’s house and identified themselves as members of the Mexican army. They abducted Anaya’s husband. When Anaya asked where they were …
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