NOT RECOMMENDED FOR PUBLICATION File Name: 21a0513n.06 Case No. 20-4279 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 10, 2021 GUO YAN LIN CASTRO, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM A FINAL ORDER OF THE ) BOARD OF IMMIGRATION MERRICK B. GARLAND, Attorney General, ) APPEALS Respondent. ) Before: SILER, KETHLEDGE, and BUSH, Circuit Judges. SILER, Circuit Judge. Petitioner Guo Yan Lin Castro seeks review of an order issued by an Immigration Judge (“IJ”) and affirmed by the Board of Immigration Appeals (“BIA”), denying her applications for asylum, special rule cancellation of removal, withholding of removal, and protection under the Convention Against Torture (“CAT”). For the reasons that follow, we DISMISS the petition as to Castro’s asylum application, and we DENY the petition as to her remaining applications for relief and protection. I. BACKGROUND In 2011, Castro, a native citizen of the People’s Republic of China, was admitted to Saipan, Commonwealth of the Northern Mariana Islands, as a non-immigrant visitor. There, she married a United States citizen who filed an immediate relative visa petition on her behalf; Castro filed an application for adjustment of status at the same time. In 2013, she was paroled into the United Case No. 20-4279, Castro v. Garland States to pursue her then-pending application for adjustment of status and was authorized to remain in the United States only until November that year. However, she stayed beyond that period and has since remained in the United States. In 2014, United States Citizenship and Immigration Services denied both the visa petition and Castro’s application for adjustment of status. During her unauthorized residence in the United States, Castro has been convicted of or arrested for prostitution-related offenses four times. In 2015, she was convicted of prostitution in Texas. In 2016, she was convicted of prostitution in Georgia. In 2018, she was convicted of solicitation of prostitution in Ohio. Finally, in 2019, Castro was arrested in Michigan for accosting or soliciting prostitution. Thereafter, the Department of Homeland Security (“DHS”) commenced removal proceedings against her, charging her under: (1) 8 U.S.C. § 1182(a)(7)(A)(i)(I), as a noncitizen not in possession of a valid unexpired visa or other entry document at the time of her application for admission, and (2) 8 U.S.C. § 1182(a)(2)(D)(i), as a noncitizen who has come to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within ten years of the date of application for a visa, admission, or adjustment of status. Castro denied both removal charges, and, in the alternative, applied for special rule cancellation of removal for battered spouses, withholding of removal, and protection under CAT. In addition, she submitted corrections to an asylum application that she had filed in 2016; and she provided a written statement to support her applications for relief, reasserting claims of forcible sterilization and domestic violence and adding a religious persecution claim. An IJ held merits hearings in February and May …
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