Appellate Case: 21-9533 Document: 010110641260 Date Filed: 02/04/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 4, 2022 _________________________________ Christopher M. Wolpert Clerk of Court LUIS ALFREDO BLANCAS-LOZANO, Petitioner, v. No. 21-9533 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT * _________________________________ Before McHUGH, MORITZ, and ROSSMAN, Circuit Judges. _________________________________ An Immigration Judge (IJ) denied Luis Alfredo Blancas-Lozano’s application for protection under the United Nations Convention Against Torture (CAT) and granted him voluntary departure to Mexico. The Board of Immigration Appeals (BIA) upheld the IJ’s order. Mr. Blancas has filed a petition for review. Exercising jurisdiction under 8 U.S.C. § 1252(a)(4), we deny the petition. * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 21-9533 Document: 010110641260 Date Filed: 02/04/2022 Page: 2 I. BACKGROUND Mr. Blancas is a native and citizen of Mexico. In 2018, the Department of Homeland Security served him with a Notice to Appear, charging him with removability as a noncitizen present in the United States without having been admitted or paroled, or for having arrived in this country at any time or place other than as the Attorney General designated. See 8 U.S.C. § 1182(a)(6)(A)(i). Mr. Blancas conceded the charge against him but applied for withholding of removal under the CAT. His testimony consists of an affidavit he submitted to the IJ. The IJ found Mr. Blancas credible and adopted his affidavit as the statement of facts. In his affidavit, Mr. Blancas stated that in 2005, when he was fifteen, he was standing outside a store with his brothers and some friends near where he lived in Mexico. A group of people from across the street started yelling at them that they were not welcome and had to leave. Five members of the group armed with machetes, sticks, and rocks then attacked Mr. Blancas’s group. They punched Mr. Blancas, kicked him, and beat him with rocks. He ran, but one of the people caught him and threatened that if Mr. Blancas was seen in that area again, they would beat or kill him. Because there was no hospital in the area where he lived, his mother took care of him. For a long time after this incident, Mr. Blancas did not travel more than a block from his house. A few months later, four men from the earlier incident attacked Mr. Blancas while he was running errands with his mother in a nearby town. They taunted …
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