Case: 21-60936 Document: 00516511497 Page: 1 Date Filed: 10/18/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 21-60936 Summary Calendar FILED October 18, 2022 Lyle W. Cayce Claudia Alexandra Chimbo-Cajamarca, Clerk Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A202 077 779 Before King, Higginson, and Willett, Circuit Judges. Per Curiam:* Claudia Alexandra Chimbo-Cajamarca seeks review of a Board of Immigration Appeals decision affirming the denial of her requests for withholding of removal and protection under the Convention Against Torture. For the reasons stated below, we DENY the petition for review. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-60936 Document: 00516511497 Page: 2 Date Filed: 10/18/2022 No. 21-60936 Chimbo-Cajamarca is from Ecuador and unlawfully entered the United States on August 26, 2020. She was placed in withholding-only proceedings and applied for withholding of removal and Convention Against Torture (“CAT”) protection. She argued that she had suffered persecution in Ecuador based on her race 1 and her membership in two particular social groups: Ecuadorian women and family members of disabled persons in Ecuador. In support of her application, Chimbo-Cajamarca testified to the following instances of violence against her and her family in Ecuador. In November 2017, her husband was attacked and left in a coma for a week. 2 For the next two years, her husband was unable to work. The family decided to move from Azuay to Macas four months later, but problems continued. In Macas, Ruben Pinchupa threatened Chimbo-Cajamarca’s husband because he refused to sell drugs for Pinchupa. Pinchupa had sought out Chimbo- Cajamarca’s husband because he was unable to perform physical labor due to his injuries, and Pinchupa told him it was easy work. Despite Pinchupa’s threats that he would hurt Chimbo-Cajamarca’s family if her husband did not sell drugs for Pinchupa, her husband refused. Pinchupa acted upon his threats. Chimbo-Cajamarca’s brother-in-law was found hanging from a rope in November 2018, which the police ruled a suicide. In September 2019, her sister-in-law was killed and her genitals slashed; her murder is still being investigated by the police. Chimbo- Cajamarca’s husband fled Ecuador for the United States on November 16, 2019. In August 2020, Pinchupa physically assaulted Chimbo-Cajamarca in 1 Chimbo-Cajamarca did not appeal the immigration judge’s determination that she failed to establish she was targeted because of her race, and we do not consider it here. 2 The record is unclear whether this incident is related to the other events Chimbo- Cajamarca described, but it does not affect our analysis either way. 2 Case: 21-60936 Document: 00516511497 Page: 3 Date Filed: 10/18/2022 No. 21-60936 her home; he tried to kill her but ran off after her children made noise and the neighbors arrived. During the assault, Pinchupa …
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