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Garcia v. Holder

United States Court of Appeals, Ninth Circuit

April 16, 2014

RITA MARIA CARRION GARCIA, AKA Maria Burgos Martinez, AKA Maria Castillo, AKA Maralena Castillo Cruz, Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General, Respondent

Argued and Submitted, San Francisco, California March 11, 2014

Page 786

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A201-280-642.

Kari E. Hong, Supervising Attorney, and Mackenzie Houck and Marija Ozolins (argued), Student Counsel, Boston College Law School, Newton, Massachusetts, for Petitioner.

Tiffany L. Walters (argued), Ernesto H. Molina, Jr., Assistant Director, and Dana M. Camilleri, Trial Attorney, Office of Immigration Litigation; and Stuart F. Delery, Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: J. Clifford Wallace, M. Margaret McKeown, and Ronald M. Gould, Circuit Judges.

OPINION

Page 787

GOULD, Circuit Judge

Petitioner Rita Maria Carrion Garcia, a native of the Dominican Republic, petitions for review of the Board of Immigration Appeals' (" BIA" ) decision affirming the denial of her application for withholding of removal and protection under the Convention Against Torture (" CAT" ). We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the petition for review.

I

Carrion Garcia gives the following account of her personal history. She was born in Santo Domingo in the Dominican Republic, where she lived with her parents until age twenty-two, when she moved to live separately with her children. Carrion Garcia's relationship with the children's father ended in 2001, but her children moved to the United States to live with him in July 2010 after a robbery at Carrion Garcia's home.

Carrion Garcia met Ernesto Valdez in 2007, and they began dating. Their relationship became intimate in 2008, and she moved in with him in August 2010, after her children had already moved to the United States. Their relationship began to change in October 2010 when he started swearing at her, calling her a " prostitute," and spending time with new friends who were using drugs. Valdez began physically abusing Carrion Garcia in November 2010. The abuse was extreme. He would hit her and kick her in the ribs and stomach, and would rape and sodomize her when he returned home drunk.

Valdez threatened Carrion Garcia, saying that he would kill her if she left him or filed a police report against him. ...


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