FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 1, 2021 _________________________________ Christopher M. Wolpert Clerk of Court JAIRO GIOVANY RIVARS-GARCIA; P. A. R.G., Petitioners, v. No. 20-9549 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before PHILLIPS, McHUGH, and CARSON, Circuit Judges. _________________________________ Jairo Giovany Rivars-Garcia and his brother, P. A. R.-G., petition for review of the Board of Immigration Appeals’ (BIA) decision dismissing their appeal from the Immigration Judge’s (IJ) decision denying their claims for asylum, withholding On March 11, 2021, Merrick B. Garland became Attorney General of the United States. Consequently, his name has been substituted for William P. Barr as Respondent. See 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. of removal, protection under the Convention Against Torture (CAT), and humanitarian asylum. We deny the petition in part and dismiss in part for lack of jurisdiction. See 8 U.S.C. § 1252(a), (d)(1) I. BACKGROUND Petitioners are natives and citizens of Guatemala who entered the United States as unaccompanied minors without valid visas or other entry documents.1 After being placed in removal proceedings, they conceded removability and filed applications for asylum, withholding of removal, protection under the CAT, and humanitarian asylum. Their claims were based on the physical and emotional abuse suffered at the hands of their father, Jairo Giovany Rivars Reyes, and their uncle, Selvin Garcia. According to Jairo, his “father would come home drunk . . . [and] fight with [his] mother.” Admin. R. at 139. Following an incident where his father left them both “covered with bruises,” his mother “filed a complaint for domestic violence,” and eventually came to the United States. Id. She left Jairo and P.A. in Guatemala in the care of her mother—the petitioners’ grandmother. Petitioners lived with their grandmother for two years, during which time their uncle, Selvin, also lived at the home. Their mother believed “that they would be okay with [their grandmother] . . . [b]ut . . . [m]y brother, Selvin . . . , beat them and 1 At the time of the IJ hearing, Jairo had reached his majority; however, P.A. R.-G. is still a minor and we refer to him by his initials. 2 abused them a lot because . . . [h]e drinks too much and has never worked.” Id. at 159 (emphasis added). Selvin also yelled and cursed at petitioners’ grandmother when he was drunk. To escape Selvin’s abuse, …
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