Appellate Case: 21-9570 Document: 010110715301 Date Filed: 07/25/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 25, 2022 _________________________________ Christopher M. Wolpert Clerk of Court OSWALDO NOE ZEPEDA, Petitioner, v. No. 21-9570 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, MATHESON and EID, Circuit Judges. _________________________________ Oswaldo Noe Zepeda, a native and citizen of El Salvador, seeks review of a decision by the Board of Immigration Appeals (BIA) that dismissed his appeal from an order entered by an Immigration Judge (IJ). We dismiss the petition for review in part for lack of jurisdiction and otherwise deny the petition. * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 21-9570 Document: 010110715301 Date Filed: 07/25/2022 Page: 2 I. Background Zepeda entered the United States in 2013 without valid entry documents. He applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). To support this application, Zepeda testified that he first entered the United States in 2004 but returned to El Salvador in 2012. About a year later, individuals purporting to be members of the Mara Salvatrucha gang called him and threatened to kill him and his family if he did not accede to their extortion demands. “He testified . . . that he believes that they were targeting him because he has a nice house that is constructed of far more sustainable materials such as concrete blocks . . . .” Admin. R. at 72. A neighbor told Zepeda he had seen people with guns roaming around Zepeda’s house. Instead of paying the gang, Zepeda fled with his daughter and her mother to live with relatives “about three hours away by car.” Id. at 73. He left for the United States a few days later and never heard from the gang again. Zepeda also testified that members of the gang had shot his brother in 2006 or 2007 and had later attacked his brother with a machete. After these attacks his brother moved and has not been harmed since. Zepeda does not believe the threat he received related to the attacks on his brother. Zepeda further stated that the mother of his daughter received threats from the gang. But he testified that “as far as he knows, that [threat] did not have anything to 2 Appellate Case: 21-9570 Document: 010110715301 Date Filed: 07/25/2022 Page: 3 do with his threat.” Id. And Zepeda said …
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