Perez De Siguenza v. Garland


FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit April 21, 2021 FOR THE TENTH CIRCUIT _______________________________________ Christopher M. Wolpert Clerk of Court GLENDA SARAI PEREZ DE SIGUENZA; ALEXIS BLADIMIRA SIGUENZA-PEREZ, a/k/a Alexis Bladimir Siguenza Perez; JENNY SIGUENZA-PEREZ, No. 20-9543 (Petition for Review) Petitioners, v. MERRICK B. GARLAND, United States Attorney General, * Respondent. _________________________________________ ORDER AND JUDGMENT * * __________________________________________ Before HOLMES, BACHARACH, and CARSON, Circuit Judges. ___________________________________________ This case involves requests for asylum and withholding of removal by a mother and her son and daughter. To obtain relief, the three applicants * We’ve substituted the name of the respondent. When this case began, William P. Barr was the United States Attorney General. The current Attorney General is Merrick B. Garland. Fed. R. App. P. 43(c)(2). ** This order and judgment does not constitute binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. But the order and judgment may be cited for its persuasive value if otherwise appropriate. Fed. R. App. P. 32.1(a); 10th Cir. R. 32.1(A). needed to prove a connection between their persecution and a particular social group. 8 U.S.C. §§ 1101(a)(42)(A), 1231(b)(3)(A). The Immigration Judge and Board of Immigration Appeals rejected the three applications, relying in part on the failure to prove this connection. The mother and children petition for judicial review, arguing that the Board failed to consider relevant evidence. We disagree and deny the petitions for review. 1. Ms. Perez and her children flee El Salvador. Ms. Perez and her children lived in El Salvador, where they were tormented by gang members. The gang members repeatedly demanded money from Ms. Perez. In addition, one gang member wanted Ms. Perez’s daughter (Jenny) to be his girlfriend. When she refused, she was harassed. Gang members also demanded money from Ms. Perez’s son (Alexis) and twice stole his shoes. The harassment peaked when gang members tore into Ms. Perez’s house and told the family members to leave, threatening to kill them if they stayed. They did as they were told. But as they left, one gang member tried to kidnap Jenny. She got away. After escaping the gang, the mother and her two children moved. Eventually, though, they received a threatening phone call. Fearing that the gang had figured out their new location, the family fled to the United States. 2 2. The family claim membership in three particular social groups. In seeking asylum and withholding of removal, each family member has sought to connect the persecution to membership in a particular social group. 1 Ms. Perez identifies her group as “Salvadoran women and children unable to leave a family relationship.” She bases this group on abuse in both childhood and adulthood. As a child, she was abused by her mother and uncle. As an adult, Ms. Perez was allegedly unable to leave her abusive husband. Jenny identifies her group as “Salvadoran women unable to leave an imposed putative relationship with a gang member.” Alexis identifies …

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