Jude Jeremiah v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 21-2050 ___________ JUDE SISSINDRIN JEREMIAH, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A087-023-184) Immigration Judge: Mirlande Tadal ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) December 20, 2021 Before: MCKEE, SHWARTZ and MATEY, Circuit Judges (Opinion filed: January 13, 2022) ___________ OPINION* ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Jude Sissindrin Jeremiah petitions for review of a final order of removal. For the reasons detailed below, we will deny the petition. I. Jeremiah is a Grenadian citizen who entered the United States on a B-2 visitor visa in 1998. He overstayed his visa. In 2019, the Department of Homeland Security charged him with removability under 8 U.S.C. § 1227(a)(1)(B), as a noncitizen present without authorization. Jeremiah applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). He alleged a fear of future harm on account of his “American nationality” and his membership in a particular social group (PSG) that he defines as “criminal deportees to Grenada.” He also applied to adjust his status based on his citizen-wife’s approved I-130 Petition for Alien Relative. During hearings before an Immigration Judge (IJ), Jeremiah testified that he is married to a United States citizen and has a citizen son. Jeremiah’s mother also lives in the United States, as a lawful permanent resident. He told the court that he has no relatives in Grenada and is concerned that he would be unable to find work if forced to return. He stated that he is afraid of his deceased aunt’s husband, who was formerly imprisoned for killing his aunt. He is also afraid of his father, who abused him as a child. Jeremiah conceded, however, that he has no reason to believe that his aunt’s husband would want to harm him, and he does not know whether his father currently lives in Grenada. Jeremiah was also questioned about his criminal record, which includes 2 convictions for possession of a forged document and criminal possession of a firearm, an arrest for assault, and at least two incidents of domestic violence. Jeremiah’s wife and mother also testified at the hearings. They stated that they would suffer financial and emotional hardship if Jeremiah were removed, and that they would have difficulty managing without him due to their health conditions. With respect to Jeremiah’s criminal history, they both told the court that Jeremiah had become more responsible. The IJ found that Jeremiah was credible and that he had sufficiently corroborated his claims but nonetheless denied all three applications for relief. The IJ first determined that Jeremiah’s asylum application was untimely because it had not been filed within one year of his 1998 arrival and none of the exceptions to the filing period applied. Next, the IJ determined that …

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