Case: 17-10993 Date Filed: 12/04/2018 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-10993 Non-Argument Calendar ________________________ Agency No. A089-346-989 ALEJANDRO DAYAN MATHEUS, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (December 4, 2018) Before WILSON, EDMONDSON, and JULIE CARNES, Circuit Judges. Case: 17-10993 Date Filed: 12/04/2018 Page: 2 of 9 PER CURIAM: Petitioner Alejandro Matheus, a native and citizen of Venezuela, petitions for review of the order of the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”). The IJ concluded that Petitioner was removable under Immigration and Nationality Act (“INA”) § 237(a)(4)(A)(i), 8 U.S.C. § 1227(a)(4)(A)(i). The IJ also denied Petitioner’s application for deferral 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. No reversible error has been shown; we deny the petition. I. Background Petitioner entered the United States in 2002 on a student’s visa. Petitioner later married a United States citizen and, in 2009, adjusted his status to that of a lawful permanent resident. In 2011, Petitioner pleaded guilty to one count of attempt to export firearms and ammunition designated as defense articles contrary to law, in violation of 18 U.S.C. § 554. As part of his plea, Petitioner admitted these things: (1) that he 2 Case: 17-10993 Date Filed: 12/04/2018 Page: 3 of 9 attempted to ship to Venezuela packages containing rifles, handguns, and ammunition; (2) that he knew he could not import legally firearms to Venezuela; and (3) that he knew he was committing a crime. In 2015, the Department of Homeland Security (“DHS”) served Petitioner with a notice to appear, charging him as removable on several grounds.1 In pertinent part, DHS alleged that Petitioner was removable under INA § 237(a)(4)(A)(i), which makes removable “[a]ny alien who has engaged . . . in . . . any activity . . . to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information.” 8 U.S.C. § 1227(a)(4)(A)(i). Petitioner denied all charges of removability and moved to terminate the removal proceedings. After a hearing, the IJ concluded that Petitioner was removable on all charges, including under section 237(a)(4)(A)(i). Petitioner then sought, among other things, protection under the CAT. 2 After a second hearing, the IJ denied Petitioner CAT relief and ordered him removed to Venezuela. 1 The only ground for removal before us on appeal is Petitioner’s removability under INA § 237(a)(4)(A)(i). 2 Petition also filed applications for asylum, withholding of removal, adjustment of status, and for waiver of grounds of inadmissibility. The denial of these forms of relief are not before us in this appeal. 3 Case: 17-10993 Date Filed: 12/04/2018 Page: 4 of 9 The BIA dismissed Petitioner’s appeal. The BIA first determined that Petitioner was removable under section 237(a)(4)(A)(i). In doing so, the ...
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