Case: 18-60421 Document: 00515371924 Page: 1 Date Filed: 04/03/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 3, 2020 No. 18-60421 Lyle W. Cayce Clerk ROSA MARISOL AVELAR-OLIVA, also known as Rosa Ayelar-Oliva, Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals Before JOLLY, JONES, and ENGELHARDT, Circuit Judges. KURT D. ENGELHARDT, Circuit Judge: Rosa Marisol Avelar-Oliva, a native and citizen of El Salvador, petitions for review of a final order issued by the Board of Immigration Appeals (BIA). The BIA dismissed her appeal from the order of the Immigration Judge (IJ) denying her claims for asylum, withholding of removal, and Convention Against Torture (CAT) relief. For the following reasons, we DENY the petition for review. I. Avelar-Oliva’s requests for immigration relief arise from threats she claims to have received, between January 6, 2016 and February 14, 2017, from Rosalio Oliva (“Rosalio”), who she identifies as a police officer and her mother’s cousin. Although Avelar-Oliva had not seen Rosalio for several years prior to January 2016, she testified that he had abused her when she was a child. Case: 18-60421 Document: 00515371924 Page: 2 Date Filed: 04/03/2020 No. 18-60421 Specifically, Avelar-Oliva testified that, in August 2002, when she was 11 years old, she went to live with Rosalio, his wife, and son because he had promised her mother that he would send her to school and provide for her. Instead, she contends, Rosalio imprisoned her in his house for two years, forcing her to work 16–18 hours a day, depriving her of food, and raping her numerous times. Avelar-Oliva asserts the abuse ended only when she escaped Rosalio’s home, in November 2004, to live with her brother. Avelar-Oliva maintains that she never told her brother or mother about Rosalio’s abuse because she “was ashamed[,] very embarrassed[,] and did not want to cause further problems.” Two years later, in 2006, Avelar-Oliva, then 15 years old, met and began living with her husband, Jose Miguel Reyna Gutierrez, in La Palma, El Salvador. In 2014, however, less than a year after the birth of their second child, Avelar-Oliva moved to Tejutla, El Salvador, to be closer to her mother. It was there, she contends, in January 2016, that she encountered Rosalio, who wore a police uniform and gun, demanded that she have a sexual relationship with him, and attempted to rape her. She maintains that Rosalio also told her that the police would not help her because he was a police officer. And, thereafter, on three occasions in September 2016, Avelar-Oliva alleges, Rosalio grabbed her by her neck and jaw, asked for sex, and demanded that she be with him and collect rent money for him in the area. During the latter two encounters, Avelar-Oliva contends, Rosalio threatened to hurt her and her family. Telling her mother only that a police officer had threatened to kill them, Avelar-Oliva, ...
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