NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 21-2167 ___________ MARVIN OLIVER GRAHAM, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A037-749-079) Immigration Judge: Jason L. Pope ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) March 16, 2022 Before: GREENAWAY, JR., PORTER and NYGAARD, Circuit Judges (Opinion filed May 18, 2022) ___________ OPINION* ___________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Marvin Graham, a citizen of Jamaica, petitions pro se for review of a decision by the Board of Immigration Appeals (“BIA”) dismissing his appeal from a decision by an immigration judge (“IJ”). The IJ ordered Graham’s removal to Jamaica after denying Graham’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). For the reasons that follow, we will deny Graham’s petition. I. Graham was admitted to the United States as a lawful permanent resident in 1982. In 2005, a New Jersey state court sentenced him to 364 days in prison and three years of probation following his conviction for possessing a controlled dangerous substance (cocaine) with intent to distribute it within 1000 feet of a school in violation of N.J. Stat. Ann. § 2C:35-7. Based on that conviction, the Department of Homeland Security (“DHS”), in 2017, charged Graham with being removable for having been convicted of an aggravated felony, see 8 U.S.C. § 1227(a)(2)(A)(iii); see also 8 U.S.C. § 1101(a)(43)(B) (defining “aggravated felony” to include “illicit trafficking in a controlled substance (as defined in [21 U.S.C. § 802])”), and an offense relating to a controlled substance, see 8 U.S.C. § 1227(a)(2)(B)(i). A few months after those removal charges were filed, a New Jersey state court convicted Graham of receiving stolen property in violation of N.J. Stat. Ann. § 2C:20-7, and that court sentenced him to three years in prison. In light of that new conviction, 2 DHS later brought additional charges against Graham, charging him with being removable for having been convicted of another aggravated felony, see 8 U.S.C. § 1101(a)(43)(G) (defining “aggravated felony” to include “a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment [is] at least one year” (footnote omitted)), as well as two or more crimes involving moral turpitude, see 8 U.S.C. § 1227(a)(2)(A)(ii). In 2020, Graham, through counsel, conceded the aggravated-felony charge related to his receiving-stolen-property conviction. As for the remaining charges, the IJ sustained the moral-turpitude charge, but not the controlled-substance charge or the aggravated-felony charge related to Graham’s drug crime.1 The IJ then held a hearing on the merits of Graham’s applications for relief from removal. In support of those applications, Graham claimed that he feared returning to Jamaica because he is gay. When asked at the hearing who specifically would harm him in Jamaica, Graham responded “anyone,” because “in Jamaica no one …
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