NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 22-2468 ______________ WILFRED OLUFEMI WILLIAMS, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA ______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. 060-230-075) Immigration Judge: Jack H. Weil ______________ Submitted Under Third Circuit L.A.R. 34.1(a) May 18, 2023 ______________ Before: GREENAWAY, JR., PHIPPS, and CHUNG, Circuit Judges. (Opinion Filed: June 15, 2023) ______________ OPINION * ______________ * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. GREENAWAY, JR., Circuit Judge. Petitioner Wilfred Olufemi Williams seeks review of an order entered by an immigration judge (“IJ”) and affirmed by the Board of Immigration Appeals (“BIA”) finding him ineligible for asylum and withholding of removal and denying protection under the Convention Against Torture (“CAT”). Williams makes three arguments in favor of review: (1) the IJ failed to apply the circumstance-specific approach when evaluating whether Williams’s conviction qualified as an aggravated felony charge; (2) the BIA erred in determining that Williams was convicted of a particularly serious crime, thus making him ineligible for withholding of removal; and (3) the BIA erred in concluding that Williams is ineligible for deferral of removal under CAT. For the following reasons, we will deny Williams’s petition for review. I. BACKGROUND A. Factual Background Wilfred Olufemi Williams, a native and citizen of Nigeria, was admitted to the United States on October 5, 2008, as a lawful permanent resident. On August 10, 2017, he pled guilty to conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h). The District Court sentenced him to 48 months imprisonment. On March 8, 2021, the Department of Homeland Security served Williams with a Notice to Appear (“NTA”), charging him with removability under 8 U.S.C. § 1227(a)(2)(A)(iii). On April 1, 2021, Williams, appearing in Immigration Court, admitted allegations related to his citizenship and admission to the United States and denied allegations that he was convicted of conspiracy to commit money laundering and the NTA’s charges of 2 removability. On April 28, 2021, Williams applied for asylum, withholding of removal, and protection under CAT. On July 7, 2021, the IJ conducted a merits hearing at which Williams presented testimony to support his application for asylum, withholding of removal, and protection under CAT. After considering the evidence, which included conviction documents and the plea agreement, as well as Williams’s testimony, the IJ found Williams credible but denied relief from removal. Specifically, the IJ found that Williams’s conviction constitutes an aggravated felony under 8 U.S.C. § 1101(a)(43)(D) and (a)(43)(U). The IJ also found that the aggravated felony was a particularly serious crime, making Williams eligible for removal. The IJ denied Williams’s CAT claim, finding that Williams failed to establish a clear probability of persecution or torture. Williams timely appealed the IJ’s decision to the BIA. The BIA affirmed the IJ’s decision and dismissed Williams’s appeal. Williams timely petitioned for review. II. JURISDICTION …
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