NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________________________ No. 18-1323 __________________________ JOSE SOLANO-CHAMBA, a/k/a Jose Luis Solano Chamba, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review of a Decision of the United States Department of Justice Board of Immigration Appeals (A208-558-362) Immigration Judge: Elise Manuel _____________ Submitted Under Third Circuit L.A.R. 34.1(a) January 14, 2019 ______________ Before: GREENAWAY, JR., SHWARTZ, and PORTER, Circuit Judges. (Opinion Filed: March 1, 2019) ______________ OPINION* ______________ GREENAWAY, JR., Circuit Judge. This case arises from a petition for review filed by a native and citizen of Ecuador who argues that the Board of Immigration Appeals [hereinafter “the Board”] wrongly denied his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). For the reasons set forth below, we will grant the petition as to the asylum and withholding of removal claims and remand for further proceedings, but deny as to the claim for relief under the CAT. I. Background A. Jose Luis Solano-Chamba entered the United States on October 16, 2015, allegedly seeking to escape the reach of a drug cartel, headed by a fellow known as El Piojo. Pursuant to 8 U.S.C. § 1182(a)(6)(A)(i), the United States Department of Homeland Security charged Solano-Chamba as removable because he was present in the United States without being admitted or paroled. Solano-Chamba appeared before an immigration judge (“IJ”) and conceded that charge on May 9, 2016. But he sought relief * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 2 from removal in the form of asylum under 8 U.S.C. § 1158, withholding of removal under 8 U.S.C. § 1231(b)(3), and protection under Article III of the CAT. The IJ held a hearing on February 28, 2017, at which, in support of his claim for relief, Solano-Chamba testified to the effect of the following: He was born and raised in La Victoria, Ecuador, but later moved to the city of Huaquillas—which sits on the border of Ecuador and Peru. While there, he purchased a car, and became a taxi driver. He transported passengers both in and around Huaquillas, and across the border to Peru. In so doing, Solano-Chamba made one and a half to almost two times as much as he had in his previous job as a mine worker in La Victoria. The work soon brought its own troubles, however. Specifically, because Solano- Chamba crossed the border so often—multiple times a day—the officials stopped subjecting him to routine checks of his vehicle and his credentials. That access caught the attention of El Piojo. In Solano-Chamba’s view, El Piojo operated with impunity— he had been the subject of numerous complaints related to drugs, crimes, and violence, but had never been apprehended. Solano-Chamba encountered El Piojo on two occasions, one directly and the other in passing. The latter took place in May of 2015, when Solano-Chamba observed El Piojo “in a very ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals