NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18a0504n.06 CASE NO. 18-3311 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ANTONIO DE LEON SOLIS, ) FILED ) Oct 11, 2018 Petitioner, ) DEBORAH S. HUNT, Clerk ) v. ) ) JEFFERSON B. SESSIONS III, Attorney ) ON PETITION FOR REVIEW General, ) FROM THE BOARD OF ) IMMIGRATION APPEALS Respondent. ) ) Before: BATCHELDER, GIBBONS, and ROGERS, Circuit Judges. ALICE M. BATCHELDER, Circuit Judge. The petitioner, an alien and convicted felon, seeks review of an Immigration Judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), and review of a Board of Immigration Appeals’ dismissal of his attempted appeal. Because we lack jurisdiction over part of the petitioner’s claim and find no merit to the other part, we DENY the petition. Antonio De Leon Solis, a 43-year-old native and citizen of Guatemala, twice entered the United States illegally: once in 1997 and again in 2007, after returning to Guatemala in 2005. Sometime after this second entry, Solis began a practice of identity theft, misappropriating the identities of several unsuspecting victims. In 2017, Solis was convicted of felony forgery, in violation of Ohio Revised Code § 2913.31(A)(3) and (1), and served six months in prison. On July 5, 2017, the Department of Homeland Security (DHS) filed charges to remove Solis from the United States as an inadmissible alien, pursuant to 8 U.S.C. § 1182(a)(2)(A)(i)(I) (“[A]ny alien convicted of . . . a crime involving moral turpitude . . . is inadmissible.”). On August 22, 2017, Solis admitted the factual allegations underlying the forgery convictions and conceded No. 18-3311, De Leon Solis v. Sessions removability. On October 4, 2017, he applied for asylum, withholding of removal, and CAT protection. That same day, the Immigration Judge (IJ) heard Solis’s testimony in support of his application, with the assistance of a Spanish-language interpreter. During that testimony, Solis made several implausible claims and contradictory statements, changed his testimony when challenged, and admitted that, during an attempted illegal entry, he had lied to U.S. Border Patrol Agents by claiming to be Mexican. Solis also conceded that he had used several other names and identities, though he had not revealed any of them in his asylum application documents. The IJ denied Solis’s application and ordered him removed to Guatemala. The IJ held that Solis was ineligible for asylum because his application was untimely. The IJ then explained that, even if the application had been timely, Solis was not entitled to asylum because he was not a credible witness and did not present a credible claim. The IJ recognized that because Solis could not satisfy the lower burden of proof for asylum, neither could he satisfy the more stringent standard for withholding of removal. Finally, the IJ concluded that Solis could not meet the CAT standard because he had not claimed to fear harm from any government actor, nor had he produced any evidence that the government in Guatemala approves, ...
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