In the United States Court of Appeals For the Seventh Circuit ____________________ No. 20-1438 VICTOR MERAZ-SAUCEDO, Petitioner, v. JEFFREY A. ROSEN, Acting Attorney General of the United States, Respondent. ____________________ Petition for Review of an Order of the Board of Immigration Appeals. No. A205-154-483. ____________________ ARGUED NOVEMBER 6, 2020 — DECIDED JANUARY 15, 2021 ____________________ Before ROVNER, BRENNAN, and ST. EVE, Circuit Judges. ST. EVE, Circuit Judge. Victor Meraz-Saucedo seeks asylum, withholding of removal, and protection under the Immigra- tion and Nationality Act and the Convention Against Torture (“CAT”). He petitions for review of the order of the Board of Immigration Appeals (“Board”) and requests we remand his case for additional proceedings before the Immigration Court. We deny his petition. We find the Board did not abuse its 2 No. 20-1438 discretion in denying Meraz-Saucedo’s motion to remand to apply for cancellation of removal. We also find the Board’s de- cision affirming the denial of Meraz-Saucedo’s asylum, with- holding of removal, and protection under the CAT claims was supported by substantial evidence. I. Background Meraz-Saucedo is a native and citizen of Mexico. He is married to a Mexican native and citizen with whom he has two young U.S.-citizen children. Meraz-Saucedo first at- tempted to enter the United States around October 2003. After encountering immigration officials at the border, he was re- turned to Mexico. He entered the United States without in- spection in 2004 and has not departed. On October 25, 2013, the Department of Homeland Secu- rity issued and served a Notice to Appear (“NTA”) on Meraz- Saucedo for removal proceedings. See 8 U.S.C. § 1229(a). The NTA did not contain a specific date or time for the initial hear- ing. The NTA only instructed Meraz-Saucedo to appear be- fore an Immigration Judge (“IJ”) in Chicago at a date and time “to be set.” On December 4, 2013, the Chicago Immigration Court served Meraz-Saucedo a Notice of Hearing (“NOH”), informing him that his hearing would take place on July 23, 2014 at 9:00 a.m. Meraz-Saucedo appeared before the IJ with counsel on July 23, 2014. He did not object to the lack of a specified time and date in his NTA. During the proceedings before the IJ on July 23, 2014, Me- raz-Saucedo admitted the factual allegations, conceded the charge of removability under 8 U.S.C. § 1182(a)(6)(A)(i), and declined to designate a country for removal. The IJ designated Mexico at the Department of Homeland Security’s request. No. 20-1438 3 The IJ found Meraz-Saucedo to be removable as charged for being present in the United States without having been ad- mitted or paroled. Meraz-Saucedo informed the IJ that he sought asylum, withholding of removal, and protection under the CAT, based on his purported fear of persecution and tor- ture if removed to Mexico. See 8 U.S.C. §§ 1101(a), 1231(b)(3); 8 C.F.R. §§ 1208.16–18. The IJ denied his request for asylum and withholding of removal. At his hearing, Meraz-Saucedo testified and based his asylum claim on the physical abuse and threats ...
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