FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 28, 2020 _________________________________ Christopher M. Wolpert Clerk of Court CRISTINA MARIA MENDOZA MENDOZA; VA and RA, minors, Petitioner, v. No. 20-9505 (Petition for Review) JEFFREY ROSEN, Acting United States Attorney General,* Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before TYMKOVICH, Chief Judge, HARTZ and CARSON, Circuit Judges. _________________________________ Cristina Maria Mendoza Mendoza and her two minor children are natives and citizens of Guatemala. An immigration judge (IJ) found them removable and ineligible for asylum, withholding of removal, or protection under the Convention * On December 23, 2020, Jeffrey Rosen became Acting Attorney General of the United States. Consequently, his name has been substituted for William P. Barr as Respondent, per Fed. R. App. P. 43(c)(2). ** After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Against Torture (CAT), and ordered that they be returned to Guatemala. The Board of Immigration Appeals (BIA) dismissed their appeal from the IJ’s order. They now petition for review of the BIA’s decision. We have jurisdiction under 8 U.S.C. § 1252(a), and we deny the petition. I. BACKGROUND & PROCEDURAL HISTORY Mendoza and her children entered the United States in May 2016 without being admitted or paroled after inspection. The next day, the government served them with notices to appear, charging them as removable. Mendoza and the children conceded inadmissibility but applied for asylum, withholding of removal, and CAT protection. At a hearing on those applications, Mendoza testified substantially as follows. From birth until leaving for the United States, Mendoza lived in Aguacatán, Guatemala. Mendoza is a Jehovah’s Witness and, consistent with her faith, spent significant time preaching in the Aguacatán region. As she preached, intolerant community members would sometimes mock and throw rocks at her and her children. Once, in 2014, Mendoza heard people outside her home who tried (unsuccessfully) to force their way inside. After they left, Mendoza found human waste in her well. She felt threatened and perceived this as harassment based on her religious beliefs. She did not report this incident to the police because she believed the police would not care. About six months later, Mendoza saw a suspicious man outside her home. He did not speak to her, but she believed he was searching for a way to enter. After he 2 left, others came and threw rocks at her house, damaging the roof. She believed this happened for one or both of two reasons. First, it may have been additional religious discrimination. Second, ...
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