NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ Nos. 18-1505 & 18-2291 ____________ MOHAMMAD MUNIR ANWARI, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent __________________________________ On a Petition For Review of an Order of the Board of Immigration Appeals (Agency No. A028-133-415) Immigration Judge: Walter A. Durling __________________________________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) November 6, 2018 Before: GREENAWAY, JR., RESTREPO and FUENTES, Circuit Judges (Opinion filed: November 6, 2018) ____________ OPINION* ____________ PER CURIAM Mohammad Munir Anwari (“Anwari”) petitions for review of the Board of Immigration Appeals’ order dated January 30, 2018 denying his application for deferral of removal under the Convention Against Torture, and the Board’s order dated June 1, 2018 denying his motion to reopen removal proceedings. For the reasons that follow, we will deny the petitions for review. Anwari, a native and citizen of Afghanistan, was admitted into the United States in 2006. On August 15, 2008, he was convicted in the United States District Court for the Eastern District of Virginia of conspiracy to import and distribute 1 kilogram or more of heroin, and conspiracy to possess with intent to distribute 1 kilogram or more of heroin. He was sentenced to a term of imprisonment of 151-188 months. On or about September 27, 2016, Anwari was placed in removal proceedings by the Department of Homeland Security, pursuant to Immigration & Nationality Act (“INA”) § 237(a)(2)(B)(i), as an alien who had been convicted of a controlled substance offense after admission; INA § 237(a)(2)(A)(iii), as an alien who had been convicted of a drug trafficking aggravated felony; and INA § 237(a)(2)(A)(iii), as an alien who had been convicted of conspiracy to commit a drug trafficking aggravated felony. The charges were sustained, leaving Anwari eligible to apply only for deferral of removal under the Convention Against Torture, see 8 C.F.R. § 1208.17(a). On June 26, 2017, the Immigration Judge held a hearing on the merits of Anwari’s deferral of removal claim. Anwari, who had legal representation, testified that, before he came to the United States, he worked in a workshop repairing vehicles in Mazar-e-Sharif; the workshop had a contract with the Afghan government. He testified that he had a problem with certain anti-government groups, including Islamic Popular. That group asked him to work for them and he refused. Anwari’s counsel asked him if he had had 2 any problems with the Taliban in Afghanistan, and he replied that he had and that the Taliban would harm him in the future because he had worked for the Afghan government. Anwari testified that when he escaped from the city, the Taliban took all of his possessions. He testified further that the Taliban was aware that he had relatives living in the United States and that would cause the Taliban to consider him as an American spy or sympathizer. He testified that, if he were to return to Afghanistan, he possibly would be captured and killed. When asked whether he could expect the ...
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