Carias-Mejia v. Garland


FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 28, 2021 _________________________________ Christopher M. Wolpert Clerk of Court VILMA YANETH CARIAS-MEJIA; KEVIN OBDALY ROMERO-CARIAS; ILIANY MICHELL ROMERO-CARIAS; CARLOS ANTONIO ROMERO-CARIAS, Petitioners, v. No. 20-9581 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before MORITZ, BALDOCK, and KELLY, Circuit Judges. _________________________________ Vilma Yaneth Carias-Mejia and her three minor children, all citizens of Honduras, petition for review of a final order of removal denying their applications  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, 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. for asylum and withholding of removal. Exercising jurisdiction under 8 U.S.C. § 1252(a)(1), we deny the petition. I. Background The Department of Homeland Security charged Carias-Mejia and her three children with removability for unlawful entry or presence in the United States. Carias-Mejia conceded the charges and applied for asylum and withholding of removal.1 At a hearing before an immigration judge (IJ), Carias-Mejia testified about the basis for her fear of returning to Honduras. She and Obaydo Romero, who is now her husband, lived in Olanchito, Honduras. In May 2014, Romero left Honduras and came to the United States with their oldest child. Beginning in December 2014, while Carias-Mejia was still in Honduras, two men threatened her with machetes and robbed her six times. She did not recognize the men, and they did not physically harm her, but each time, they threatened to kill her unless she gave them everything. Her children were with her on each occasion, and her sister-in-law was also with her on the first occasion she was robbed. She would frequently see the men when she went downtown or shopping, and if she was not alone, they would just stare at her. Carias-Mejia therefore thought the men targeted her because she was a woman on her 1 Carias-Mejia also applied for relief under the United Nations Convention for Torture, but the denial of that relief is not at issue in this appeal. We therefore omit discussion of it. Because Carias-Mejia’s children are derivative beneficiaries of her applications, they are also parties to the petition for review. But for convenience, we refer throughout our decision only to Carias-Mejia. 2 own. But she also acknowledged that some townspeople said the men might be part of the Martinez …

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