NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 22-1414 _______________ LUIS GUSTAVO CARIAS-ESTRADA v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent _______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. 208-373-742) Immigration Judge: Jason L. Pope _______________ Submitted Under Third Circuit L.A.R. 34.1(a): January 18, 2023 _______________ Before: AMBRO*, PORTER, and FREEMAN, Circuit Judges. (Filed: March 8, 2023) ______________ OPINION* ______________ * Judge Ambro assumed senior status February 6, 2023. ** This disposition is not an opinion of the full Court and, under I.O.P. 5.7, is not binding precedent. PORTER, Circuit Judge. Luis Gustavo Carias-Estrada appeals from the denial of his application for asylum and withholding of removal under sections 208(a) and 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. §§ 1158(a), 1231(b)(3), and for protection under the regulations implementing the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).1 Because the Immigration Judge (“IJ”) properly considered country conditions and Carias-Estrada fails to identify a cognizable social group subject to persecution, we will affirm. I Carias-Estrada is a twenty-two-year-old native and citizen of Guatemala. On August 2, 2015, the Department of Homeland Security (“DHS”) issued him a notice to appear, charging him with removability as an alien present without admission or parole. 8 U.S.C. § 1182(a)(6)(A)(i). Carias-Estrada admitted the factual allegations and conceded the charge. The IJ sustained the charge, and Carias-Estrada applied for asylum, withholding of removal, and protection under the CAT. Carias-Estrada claimed to have suffered past persecution in Guatemala and to have a well-founded fear of future persecution based on his political opinion and membership in four particular social groups. 1 Dec. 10, 1984, S. Treaty Doc. No. 100-20, 1465 U.N.T.S. 85 (entered into force for the United States Nov. 20, 1994). 2 The parties do not dispute Carias-Estrada’s unfortunate history as a target of violence. At age fourteen, he was accosted by members of the Gang 18, or Maras 18, who sought to intimidate him into joining their ranks, once going so far as to punch him in the eye. These instances of intimidation occurred six or seven times before he left Guatemala. And since 2016, the gang has extorted him for $200-250 per month, threatening to harm his family if he does not pay. Since his detention, he has not paid, and he says the gang is waiting for him to return to collect the unpaid balance. Carias- Estrada contends that he cannot seek the protection of police from such dangers, as the police are corrupt and would inform gang members of his complaints. As to his political opinions, Carias-Estrada acknowledges that he is not and has never been a member of a Guatemalan political party and has never publicly spoken or published writings in opposition to the gangs. He did attend political rallies with his mother, but none related to gang issues, and he was not harmed for participating in the rallies nor would he expect to …
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