NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 22-2743 _______________ WELLINGTON GONCALVES DE OLIVEIRA, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _______________ On Petition for Review of Order of the Board of Immigration Appeals (A201-245-547) Immigration Judge: Jason Pope _______________ Submitted Under Third Circuit L.A.R. 34.1(a): June 12, 2023 _______________ Before: PORTER, FREEMAN, and FISHER, Circuit Judges. (Filed: July 14, 2023) ______________ OPINION ∗ ______________ ∗ This disposition is not an opinion of the full Court and, under I.O.P. 5.7, is not binding precedent. PORTER, Circuit Judge. Wellington Goncalves de Oliveira petitions for review of the denial of his motion to reopen removal proceedings. Because the Immigration Judge (IJ) properly found that Goncalves de Oliveira did not show prima facie eligibility for humanitarian asylum, we will affirm. I Goncalves de Oliveira is a native and citizen of Brazil. He entered the United States in 2000 on a B2 Tourist Visa but voluntarily departed in 2016 after he was placed in removal proceedings for overstaying his visa. While Goncalves de Oliveira was in Brazil, a police officer who had previously assaulted Goncalves de Oliveira’s father for “playing his music too loud in his vehicle while parked” threatened to kill Goncalves de Oliveira. A.R. 436. Goncalves de Oliveira believes that the police officer wanted to kill him because he is afraid that Goncalves de Oliveira has been planning to avenge his father. Goncalves de Oliveira illegally returned to the United States five months after his departure by crossing the Mexican border. Three years later, Goncalves de Oliveira was arrested in New Jersey and placed in removal proceedings for illegally entering the United States. Claiming fear of the Brazilian police officer, Goncalves de Oliveira requested asylum and withholding of removal based on membership in a particular social group. He marked “no” when asked if he or his family belonged to any groups or organizations. He also requested cancellation of removal because it would “result in exceptional and extremely unusual hardship” to his American daughter, who was born in 2014. 2 An immigration judge denied Goncalves de Oliveira’s requests for relief and ordered him removed to Brazil on February 14, 2020. Goncalves de Oliveira neither appealed this decision nor petitioned for review. But he was granted an administrative stay of removal for 180 days and released from custody. His son was born that March with a “congenital heart disease” that “will require life-long care by a pediatric cardiologist.” A.R. 139. Goncalves de Oliveira moved to reopen his removal proceedings on November 2, 2020, based on changed country conditions and “other serious harm” that he and his son would allegedly experience in Brazil due to a lack of medical care during the COVID-19 pandemic. In support of his motion, Goncalves de Oliveira submitted evidence of his asthma, his son’s severe heart condition, and reports related to COVID-19. The IJ denied his motion to reopen, finding that Goncalves de Oliveira failed to show that he was prima facie eligible for …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals