NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0400n.06 No. 18-4136 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JACQUELINE PATRICIA RUBIO-MAURICIO, ) FILED Aug 02, 2019 ) Petitioner, ) DEBORAH S. HUNT, Clerk ) v. ) ON PETITION FOR REVIEW ) FROM THE UNITED STATES WILLIAM P. BARR, Attorney General, ) BOARD OF IMMIGRATION ) APPEALS Respondent. ) ) Before: ROGERS, BUSH, and LARSEN, Circuit Judges. LARSEN, Circuit Judge. After the Department of Homeland Security (DHS) began removal proceedings against her, Jacqueline Patricia Rubio-Mauricio sought asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge (IJ) found Rubio-Mauricio not credible after she admitted lying during her credible-fear interview. The IJ denied relief and ordered Rubio-Mauricio removed to El Salvador. The Board of Immigration Appeals (BIA) affirmed. Because substantial evidence supports the adverse credibility determination, we DENY Rubio-Mauricio’s petition for review. I. Rubio-Mauricio is a citizen of El Salvador. She tried to enter the United States in 2016 without proper documentation. Shortly after her attempted entry, Rubio-Mauricio met with a DHS asylum officer for a credible-fear interview. At the interview, Rubio-Mauricio testified under oath that “two MS gang members grabbed me from the street and took me to the woods where there No. 18-4136, Rubio-Mauricio v. Barr were two police officers waiting. The police officer pointed a gun at me and subjected me to beatings. They undressed me and one of the police officers and one of the gang members raped me.” She named the officers as “Martin and [H]ernandez.” She further testified that she reported the incident to the police but that the police did nothing about it. Based on this testimony, the asylum officer found a credible fear of torture. DHS initiated removal proceedings against Rubio-Mauricio. She conceded removability but sought asylum, withholding of removal, and protection under the Convention Against Torture. Before the IJ, Rubio-Mauricio admitted that she had lied during her credible-fear interview—she had not been raped by police officers or gang members. She said that her former attorney had told her to lie. The real story, according to Rubio-Mauricio, was that MS gang members murdered her cousin in 2012. The police arrested three people for her cousin’s murder, all of whom went to prison. Then in 2016, MS gang members began harassing and threatening Rubio-Mauricio. She testified that, during the first instance, “three men grabbed me, they began to touch me and they had a knife. And they told me that I had to be their girlfriend and that if I wasn’t, that they would kill me.” She escaped but did not report the incident to the police because “the authorities in my country do not do anything about it.” Another similar incident occurred a week later, followed two days later by a third. According to Rubio-Mauricio, all three gang members had knives during the third attack and tried to rape her. She defended herself forcibly and was able to escape. She never told the police about any of the incidents ...
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