Appellate Case: 22-9516 Document: 010110821068 Date Filed: 03/03/2023 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 3, 2023 _________________________________ Christopher M. Wolpert Clerk of Court LUIS RODOLFO LOPEZ-FLORES, Petitioner, v. No. 22-9516 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MORITZ, EID, and ROSSMAN, Circuit Judges. _________________________________ Petitioner Luis Rodolfo Lopez-Flores is a citizen of El Salvador. An immigration judge denied his applications for asylum, restriction on removal, and protection under the Convention Against Torture. The Board of Immigration Appeals (Board) dismissed his appeal, and he now petitions for review of the Board’s decision. Several parts of his petition present arguments that he did not exhaust * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 22-9516 Document: 010110821068 Date Filed: 03/03/2023 Page: 2 before the Board, and we dismiss those parts for lack of jurisdiction. We otherwise deny the petition. I. Background Found credible by the immigration judge, Petitioner testified that he fears persecution in El Salvador from two sources: a man named Roberto Castro and members of the Mara Salvatrucha gang (MS-13). Petitioner’s family had problems with Castro going back many years. Before Petitioner’s birth, Castro raped Petitioner’s aunt. Castro also broke into Petitioner’s parents’ home to beat them up. And Petitioner’s mother helped with a prosecution that landed Castro in prison. Petitioner’s first run-in with Castro happened in 2015. By then, Petitioner was an adult. Castro approached him and said he would “get revenge.” R. at 90. Later that year, Petitioner was sitting on his motorcycle when Castro’s nephew attacked him from behind. Petitioner defended himself, and eventually his friends intervened to end the fight. During the fight, Castro’s nephew said that he would “get even or get revenge.” R. at 94. Castro later threatened again to “get even” with Petitioner for the fight with his nephew. R. at 96. And on another occasion, Castro claimed to know what family Petitioner came from and threatened “to take care of some old business.” R. at 97. Petitioner’s first encounter with MS-13 members happened while he ate lunch with friends. Gang members approached and asked him to join MS-13. He responded that he did not want to join because the gang “took part in violent acts and raped women.” R. at 103. The following year, gang members tried to extort him, 2 Appellate Case: 22-9516 Document: 010110821068 Date Filed: 03/03/2023 Page: 3 asking him to pay them …
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