Case: 17-15697 Date Filed: 10/03/2018 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15697 Non-Argument Calendar ________________________ Agency No. A088-012-496 RICHARD LLOYD STEWART, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 3, 2018) Before TJOFLAT, JORDAN, and HULL, Circuit Judges. PER CURIAM: Case: 17-15697 Date Filed: 10/03/2018 Page: 2 of 8 Richard Lloyd Stewart petitions for review of the Board of Immigration Appeals’ affirmance of an Immigration Judge’s denial of his application for withholding of removal under § 241(b)(3) of the Immigration Nationality Act, 8 U.S.C. §1231(b)(3), and withholding of removal under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), 8 C.F.R. § 208.16(c). After review, we deny Mr. Stewart’s petition. I Mr. Stewart, a native and citizen of Jamaica, entered the United States on or about March 31, 1993, on a non-immigrant B-2 visa with authorization to remain in the United States not longer than six months. He remained in the United States, however, and on April 29, 2014, was convicted in the United States District Court for the Middle District of Florida of the offense of making a false claim of United States citizenship, in violation of 18 U.S.C § 911, and sentenced to time served. On May 2, 2014, the Department of Homeland Security initiated removal proceedings against Mr. Stewart through the issuance of a Notice to Appear. Mr. Stewart then applied for withholding of removal and CAT protection. At his merits hearing on May 17, 2016, Mr. Stewart testified that he is afraid of returning to Jamaica because of his sexual orientation. Mr. Stewart identifies himself as bisexual. He is currently married and has five children with different 2 Case: 17-15697 Date Filed: 10/03/2018 Page: 3 of 8 mothers. Mr. Stewart stated that while attending boarding school in Jamaica he suffered verbal and physical abuse by his classmates because they perceived him as gay. He specified one incident in which he was beaten and tied up to a bed by his roommates because of his sexual orientation. The IJ, however, found Mr. Stewart not credible and determined that the past harm in Mr. Stewart’s case did not rise to the level of persecution. The IJ also concluded that Mr. Stewart failed to prove that he more likely than not will suffer future harm or persecution in Jamaica. Lastly, the IJ determined that Mr. Stewart was not likely to suffer torture if returned to Jamaica. Therefore, the IJ denied Mr. Stewart’s claims for relief. Mr. Stewart appealed the IJ’s order to the BIA, which affirmed without addressing Mr. Stewart’s credibility. Mr. Stewart now seeks our review of these decisions. 1 II “We review the decision of the Board, and we review the decision of the Immigration Judge to the extent that the Board expressly adopted the opinion of the Immigration Judge.” Kazemzadeh v. U.S. ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals