NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 19-3224 ______________ MIGUEL ANTONIO MIRAMBEAUX, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ______________ On Petition For Review of an Order of the Board of Immigration Appeals (Agency No. A074 948 774) Immigration Judge: Audra Behne ______________ Submitted July 9, 2020 ______________ Before: McKEE, BIBAS, and FUENTES, Circuit Judges. (Opinion filed: September 9, 2020 ) ______________ OPINION ______________ This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. FUENTES, Circuit Judge. Miguel Antonio Mirambeaux petitions for review of a final order of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) decision that his aggravated felony conviction rendered him ineligible for withholding of removal under the Immigration and Nationality Act (“INA”). Mirambeaux argues solely that the BIA erred in upholding the IJ’s denial of his motion for a continuance. We will dismiss the petition for lack of jurisdiction. I. Mirambeaux is a citizen of the Dominican Republic who was admitted to the United States as a lawful permanent resident on April 30, 1999. After an arrest in November 2008, Mirambeaux pled guilty to the distribution of a controlled dangerous substance in New Jersey Superior Court. On November 15, 2018, the Department of Homeland Security’s (“DHS”) Immigration and Customs Enforcement (“ICE”) served Mirambeaux with a Notice to Appear (“NTA”) before an IJ, charging him as removable pursuant to section 237(a)(2)(B)(i) of the INA, 8 U.S.C. § 1227(a)(2)(B)(i), for his controlled substance conviction, and section 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii), as an aggravated felon. The hearings on Mirambeaux’s removability took place over the course of several months with the first occurring on January 17, 2019, at which DHS presented proof of Mirambeaux’s lawful permanent resident status and his 2009 2 Judgment of Conviction for distribution of a controlled dangerous substance. During a second hearing, on February 19, 2019, the IJ reviewed Mirambeaux’s criminal record and sustained both charges for removal. Mirambeaux then filed an application for withholding of removal under 8 U.S.C. § 1231(b)(3)1 with the IJ on March 25, 2019. At that time, Mirambeaux declined to also seek protection under the Convention Against Torture (“CAT”). Along with his application, Mirambeaux submitted evidence to support his claim that he fears returning to the Dominican Republic “because of all the crime and violence” in that country. Mirambeaux testified that his fears of returning to the Dominican Republic stemmed from the murders of three friends over the last ten years. He testified that he feared that the people who killed his friends may come after him upon his return. Ultimately he was not able to identify a specific person or group he feared, and merely referenced “[c]rime in general.”2 Mirambeaux’s final hearing took place on April 8, 2019, at which time Counsel made a request to renew a motion for a continuance as he required more time to gather support documents “given the short turnaround in this ...
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