FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 15, 2021 _________________________________ Christopher M. Wolpert Clerk of Court MOI JIN CHAI, Petitioner, v. No. 20-9558 (Petition for Review) MERRICK B. GARLAND, United States Attorney General,* Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before CARSON, BALDOCK, and BRISCOE, Circuit Judges. _________________________________ Moi Jin Chai, appearing pro se, applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) based on her race and religious background. Chai, a native and citizen of Malaysia, is ethnically Chinese and practiced Buddhism. The Board of Immigration Appeals (BIA) affirmed the * Pursuant to Fed. R. App. P. 43(c)(2) William P. Barr is replaced by Merrick B. Garland as the respondent in this appeal. ** 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Immigration Judge’s (IJ) denial of relief and Chai petitions for review. Our jurisdiction arises under 8 U.S.C. § 1252(a)(5). We deny the petition for review. I. Chai grew up speaking Chinese and practiced Buddhism with her parents in Malaysia. In 1985, Malay police officers demolished a Buddhist statue inside her parents store and beat her father causing injuries and hospitalization. Because the assailants were police officers, Chai did not report the incident. In 1988, Chai dropped out of high school to help her mother with the store. That year, the Malay police “ransacked” the store and a Muslim officer named “Mike” molested Chai in the changing room. In 1990, Mike returned and raped Chai in his car. Mike continued to visit one to two times per month to rape her until 2010. Chai claims that Mike targeted her because of her Chinese ethnicity. She posits that Mike knew Chinese people are “very afraid of speaking up.” Mike never said that he harmed her because of her race or religion. Chai stayed in Malaysia until 2010, when she resettled in Singapore. Chai had a two-year work visa in Singapore providing her with legal residence. Although Chai could have renewed her Singapore visa every two years, she moved to the United States instead. After entering the United States, Chai overstayed her nonimmigrant visa and the Department of Homeland Security filed a Notice to Appear. Chai admitted overstaying her visa and the immigration court assigned Malaysia as the country of removal. Chai then applied for asylum, withholding of removal, and protection under 2 CAT. She claimed that Mike harmed her because of her race and religion. The IJ denied all forms of relief determining that: (1) …
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