Lopez-Martinez v. Blanche

── Lopez-Martinez v. Blanche ── Case No.: 24-9562 Court: Court of Appeals for the Tenth Circuit Date: April 07, 2026 Category: General Appellate Case: 24-9562 Document: 36-1 Date Filed: 04/07/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 7, 2026 _________________________________ Christopher M. Wolpert Clerk of Court LENIS YAJAIRA LOPEZ-MARTINEZ; LINNEY YAMILETH RODRIGUEZ- LOPEZ, Petitioners, v. No. 24-9562 (Petition for Review) TODD BLANCHE, 1 Acting United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT * _________________________________ Before CARSON, EBEL, and FEDERICO, Circuit Judges. _________________________________ To obtain asylum for past persecution, a petitioner must generally show, among other things, that either the government of their home country or forces that the government was unable or unwilling to control committed the alleged acts of persecution. When the Board of Immigration Appeals (“BIA”) denies relief based on a determination that the petitioner did not satisfy this requirement, the petitioner must challenge that 1 On April 2, 2026, Todd Blanche became Acting Attorney General. Consequently, his name has been substituted for Pamela J. Bondi as Attorney General, per Fed. R. App. P. 43(c)(2). * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. 1  Appellate Case: 24-9562 Document: 36-1 Date Filed: 04/07/2026 Page: 2 determination on appeal. Absent such a challenge, we may deny a petition for review on that ground. Lenis Lopez-Martinez 2 seeks review of the BIA’s denial of her motion for reconsideration. She sought reconsideration of the BIA’s dismissal of her appeal, arguing that the BIA misapplied its own precedent and failed to properly consider the record evidence when it affirmed the immigration judge’s denial of her application for asylum. But Petitioner’s opening brief does not challenge the BIA’s determination that she did not show that the government of her home country or forces that government was unable or unwilling to control committed the alleged acts of persecution. Our jurisdiction arises under 8 U.S.C. § 1252(a)(1). We deny her Petition for Review. I. Lenis Lopez-Martinez and her daughter, Linney Yamileth Rodriguez-Lopez, Honduran citizens, illegally entered the United States. At a removal hearing, Petitioner sought asylum, withholding of removal, and protection under the Convention Against Torture Act (“CAT”). Before the Immigration Judge (“IJ”), Petitioner stated that she dated Osman Rodriguez Hernandez in Honduras and became pregnant with his child in 2005. She lost contact with him during her pregnancy but encountered Osman again when Linney was seven months old. Later, he began visiting her home “whenever he wanted.” During 2 Ms. Lopez-Martinez’s daughter, Linney Yamileth Rodriguez-Lopez, is a derivative beneficiary of her asylum application. She presents no claims or arguments distinct from Ms. Lopez-Martinez’s arguments.