NOT RECOMMENDED FOR PUBLICATION File Name: 22a0119n.06 No. 21-3757 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ) Mar 16, 2022 REINA PEREZ-AGUILAR, ) DEBORAH S. HUNT, Clerk Petitioner, ) ) v. ) ON PETITION FOR REVIEW ) FROM THE UNITED STATES MERRICK B. GARLAND, Attorney General, ) BOARD OF IMMIGRATION Respondent. ) APPEALS ) ) Before: WHITE, THAPAR, and LARSEN, Circuit Judges. HELENE N. WHITE, Circuit Judge. Reina Perez-Aguilar, a native citizen of Guatemala, seeks review of a Board of Immigration Appeals order denying her application for asylum, withholding of removal, and protection under the Convention Against Torture. However, because Perez-Aguilar did not file her petition for review within the statutorily mandated 30-day period, we must dismiss it. I. Perez-Aguilar entered the United States without immigration documentation in January 2016. She sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT). At Perez-Aguilar’s removal hearing in March 2019, the Immigration Judge (IJ) adopted Perez-Aguilar’s testimony “as the Court’s factual findings.” AR 37. No. 21-3757, Perez-Aguilar v. Garland A. Perez-Aguilar, a single mother, fled her hometown of Tierra Blanca, Guatemala, where she and her two-year-old daughter lived with her parents, because she feared a man named Abner Mendez, who was a member and local leader of the 18 gang. Perez-Aguilar first met Mendez in August 2014. As Perez-Aguilar was heading home from her job at a store within walking distance of her home, Mendez approached her and told her to give him her money, or else he would kill her. Perez-Aguilar told him that she did not have any money, and Mendez left. In December 2014, Mendez again approached Perez-Aguilar and asked her for money. This time, when she told him she did not have any money, he pushed her. Mendez approached her again in January 2015 and told her that if she “didn’t give him any money he was going to kill” her, and told her that she was “supposed . . . to be working for him.” Id. at 127. Perez-Aguilar did not see Mendez again until October 2015, when, on the way home from work, she encountered his girlfriend Alba, who demanded money. When Perez-Aguilar told Alba that she did not want to give away her money, Alba threw her on the ground and began to beat her. Alba then pulled out a knife and attempted to stab Perez-Aguilar but dropped the knife on the ground during the ensuing struggle. Alba started biting Perez-Aguilar’s fingers and called for help. Mendez responded and started beating Perez-Aguilar in the head. Perez-Aguilar lost consciousness, and when she awoke her mouth and nose were swollen. She had been beaten in the mouth, nose, stomach, and legs and Mendez had taken her money. Perez-Aguilar went back to her parents’ house, where her father—who knew “something about medicine”—treated her. Id. at 135. She did not go to the hospital. It took Perez-Aguilar about eight to ten days to recover from her injuries, and in that time Mendez called …
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