NOT RECOMMENDED FOR PUBLICATION File Name: 23a0257n.06 Case No. 22-3885 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jun 07, 2023 ) AUGUSTINE CHAN-POROJ, DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION MERRICK B. GARLAND, Attorney General, ) APPEALS Respondent. ) OPINION ) Before: BOGGS, GIBBONS, and McKEAGUE, Circuit Judges. McKEAGUE, Circuit Judge. Petitioner Augustine Chan-Poroj, a native and citizen of Guatemala, seeks review of a Board of Immigration Appeals (BIA) decision affirming the denial of his applications for withholding of removal and protection under the Convention Against Torture (CAT).1 For the reasons stated below, we deny the petition for review. I Chan-Poroj entered the United States without admission or parole on May 18, 2004. In 2011, the Department of Homeland Security initiated removal proceedings, charging Chan-Poroj with removability under Section 212(a)(6)(A)(i) of the Immigration and Nationality Act (INA). With the assistance of counsel, Chan-Poroj admitted to the allegations in the Notice to Appear and 1 There is a discrepancy between the spelling of Petitioner’s name, “Augustin,” which is reflected in various Guatemalan government documents in the record, and the spelling used by the BIA, “Augustine,” which is reflected in our caption for this case. For the sake of consistency, we have adopted the BIA’s spelling. No. 22-3885, Chan-Poroj v. Garland conceded his removability. Thereafter, Chan-Poroj applied for withholding of removal and CAT relief. See 11 U.S.C. §§ 1158, 1231(b)(3); 8 C.F.R. § 1208.16. He sought protection based on his membership in a social group defined as “people that are returning to Guatemala after living many years in the United States.” AR 178. According to Chan-Poroj, members of this group are targeted in Guatemala for kidnapping and extortion due to their perceived wealth. On December 19, 2018, Chan-Poroj appeared before an immigration judge (IJ). He testified that he feared returning to Guatemala because he believed that gangs would kidnap and torture him. Specifically, Chan-Poroj claimed that he had been chased by gang members twice, roughly fifteen years earlier. He also testified that he had been threatened by gang members on three separate occasions, each involving demands for money. Chan-Poroj testified that during the third and final incident, gang members beat him and threatened to kidnap his family. According to Chan-Poroj, he reported these incidents to the Guatemalan police, but the police indicated that they lacked sufficient evidence to further investigate the matter. Chan-Poroj testified that he is married with four children, all of whom still live in Guatemala. Although Chan-Poroj’s family has not been directly harmed by the gangs, Chan-Poroj testified that his wife was called and threatened by members of a gang in 2011. According to Chan-Poroj, the gang members told his wife that, if she did not give them money, they would kidnap her children. When the gang members later arrived at Chan-Poroj’s house, Chan-Poroj’s wife hid their children to prevent any harm. Chan-Poroj claims that these incidents were also reported to …
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