United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3780 ___________________________ Oralia Juarez-Coronado, now known as Oralia Magali Marroquin lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States1 lllllllllllllllllllllRespondent ------------------------------ Immigration Law Professors lllllllllllllllllllllInterested party - Amicus on Behalf of Petitioner ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: October 16, 2018 Filed: March 29, 2019 ____________ Before SHEPHERD, KELLY, and STRAS, Circuit Judges. ____________ 1 William P. Barr has been appointed to serve as Attorney General of the United States, and is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). KELLY, Circuit Judge. Oralia Magali Marroquin, formerly known as Oralia Magali Juarez-Coronado, petitions for review of a decision of the Board of Immigration Appeals (BIA) denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Because we conclude that the BIA’s decision was supported by substantial evidence, we deny the petition for review. I Marroquin is a citizen of Guatemala and is a member of the Mam ethnic group. She entered the United States with her minor daughter on September 25, 2014. After Marroquin was placed in removal proceedings, she sought asylum, withholding of removal, and CAT relief. She claimed that if she were returned to Guatemala she would be persecuted on account of her race, nationality, and membership in the proposed particular social group of Guatemalan women who are unable to leave a domestic relationship. At a hearing before an immigration judge (IJ), Marroquin testified that she had suffered domestic violence at the hands of her daughter’s father, Melvin, and feared that if she were returned to Guatemala, Melvin would hurt her and take away her daughter. Melvin lived with Marroquin in her family home between 2009 and 2014. During this time, Melvin beat Marroquin approximately 14 times, including when she was pregnant with their child. Over the course of their relationship, Melvin strangled her twice, once to the point where she could not breathe, and raped her four times. Marroquin told Melvin to leave in May 2014, but he returned to the house many times, asking her to forgive him and get back together with him. On one occasion in July 2014, Melvin threw her on the ground and attempted to take her -2- clothes off, but he ran away after Marroquin’s father and sister-in-law came home. On July 28, after this incident, she filed a police report. A judge issued a restraining order and told Marroquin that it was valid for six months. After the judge issued the restraining order, Melvin continued to come over to the house. If he found Marroquin alone, he would beat and threaten her. He told Marroquin that if she sought help from the police and he was sent to jail, upon his release he would come looking for her and try to kill her. She called the police once, but although they came to look for Melvin they could not ...
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