### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 60032 Summary Calendar

KORA MAURICIO

- IXTLA; JAQUELINE GARCIA

- MAURICIO,

Petitioner s

v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL , Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No s
. A202 121 091 & A202 121 093

Before JONES, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM: * Kora Mauricio

- Ixtla and her daughter, Jaqueline Garcia

- Mauricio, natives and citizens of Guatemala , petition for review of the Board of Immigration Appeals ’ (BIA) dismissal of their appeal from the immigration judge ’s (IJ) denial of their application s for asylu m, withholding of removal , and

* Pursuant to 5 th Cir. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 th Cir. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 7, 201 7 Lyle W. Cayce Clerk Case: 17-60032 Document: 00514228177 Page: 1 Date Filed: 11/07/2017N o. 17

- 60032

2 relief under the Convention Against Torture

. Petitioners’ applications alleged past harm and a fear of future harm by Walter Hugo Garcia, Mauricio ’s

common - law husba nd and Garcia

- Mauricio’s father. They sought asylum based on Mauricio ’s alleged membership in the particular social group of “married women in Guatemala who are unable to leave their relationship ”

. Mauricio testified before the IJ that her relationship with Garcia began in 1994, but the relationship became violent in 2002. Despite th e abuse, in 2003, Mauricio followed Garcia to the United States, leaving their daughter , Garcia

- Mauricio , in Guatemala. Garcia was removed to Guate mala in 2006 after Mauricio filed a police report against him , alleging domestic violence

. Thereafter, Mauricio returned to Guatemala and moved in with Garcia before he , again, began abusing her. The record also reflects Garcia attempted to end the relationship and forced Mauricio out of the house eight times

. Petiti oners Mauricio and Garcia

- Mauricio left Guatemala and Garcia for the United States a month after being forced out for the last time

. The IJ found petitioners removable, denied their applications for r elief, and ordered them removed to Guatemala. The IJ found that , although petitioners identified a particular social group, petitioners could not demonstrate Mauricio was a member of that group, explaining Mauricio , inter alia : voluntarily resumed the re lationship multiple times, refused to leave after Garcia terminated the relationship, and was not financially dependent

on him

. P etitioners assert only that they are entitle d to asylum based on Mauricio’s membership in a social group of “married women in Guatemala who are unable to leave their relationship ” . Because they challenge only the BIA’s finding that they were not entitled to asylum, any other challenges to the BIA’s Case: 17-60032 Document: 00514228177 Page: 2 Date Filed: 11/07/2017N o. 17

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3 decision are waived. E.g. , Bright v. Holder , 649 F.3d 397 , 399 n.1 (5th Cir. 2011). Whether an alien has demonstrated eligibility for asylum is a factual determination , reviewed for su bstantial evidence. 8 U.S.C. § 1252(b)(4)(B); Chen v. Gonzales , 470 F.3d 1131, 1134 (5th Cir. 2006). “Under the substantial evidence standard, reversal is improper unless we decide not only that the evidence supports a contrary conclusion, but also that the evidence compels it.” Chen , 470 F.3d at 1134 (internal quotation marks and citations omitted); 8 U.S.C. § 1252(b)(4)(B). Asylum is discretionary and is granted to an alien who is , inter alia , unwilling to return to his home country because of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Tamara

- Gomez v. Gonzales , 447 F.3d 343, 34 8 (5th Cir. 2006). As noted by the IJ and BIA, petitioners’ evidence does not compel a conclusion Mauricio was unable to leave Guatemala for fear of abuse or that they were

m ember s of a defined social group

. Chen , 470 F.3d at 1134

. Conversely , the record supports the conclusion Garcia repeatedly forced Mauricio out of his house rather than forcing her to stay

. DENIED. Case: 17-60032 Document: 00514228177 Page: 3 Date Filed: 11/07/2017