NOT RECOMMENDED FOR PUBLICATION File Name: 21a0228n.06 Case No. 20-3284 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 29, 2021 DEBORAH S. HUNT, Clerk MARLON ANDRES ABARCA-FUENTES, ON PETITION FOR REVIEW Petitioner, OF A FINAL ORDER OF THE BOARD OF IMMIGRATION v. APPEALS MERRICK GARLAND, Attorney General, Respondent. BEFORE: CLAY, SUTTON, and McKEAGUE, Circuit Judges. CLAY, Circuit Judge. Pursuant to 8 U.S.C. § 1252(a), Petitioner Marlon Andres Abarca- Fuentes seeks review of an order by the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention against Torture (“CAT”). For the reasons set forth below, Petitioner’s application is denied. I. BACKGROUND A. Factual History Marlon Andres Abarca-Fuentes is a twenty-year-old citizen of El Salvador. Until 2014, he lived in El Salvador with his aunt, who subsequently migrated to Costa Rica. His mother lives in the United States, without legal status, with two of his siblings, and he has no remaining relatives in El Salvador. Marlon has moderate mental retardation and lumbar scoliosis. Before migrating to the United States, he attended a special-education school. He was often teased in school and by Case No. 20-3284, Abarca-Fuentes v. Garland neighbors in his community because of his disabilities. Starting in 2012, when he was 12 years old, an MS-13 gang attempted to recruit him. He rejected their requests and told them he wanted to “serve God.” At one point, a gang member referred to him as “Chuckie,” a reference to a fictional character from horror movies. The gang threatened to kill his aunt if he did not join their ranks. Marlon, accompanied by his aunt, reported the gang to the police but they never resolved the issue. The first person who tried to recruit Marlon was eventually sent to jail for unspecified reasons. But the gang’s recruiting efforts continued. Feeling pressured, Marlon contemplated killing himself twice because of the gang recruitment. In December 2013, he bought rat poison he planned to ingest, but stated he heard God’s voice telling him not to do so. In April 2014, he tried to stab himself in the stomach but stopped himself after changing his mind. On May 15, 2014, Marlon entered the United States through the Texas border as an unaccompanied minor. Marlon believes the gangs will kill him if he ever returns to El Salvador and has threatened to kill himself before returning to his home country. B. Procedural History Immigration agents apprehended Marlon shortly after his arrival in the United States, and on May 16, 2014, charged him with removability pursuant to 8 U.S.C. § 1182(a)(6)(A)(i). After being released from custody on June 4, 2014, he went to live with his mother in Michigan. His immigration case was subsequently transferred to a Detroit immigration court. On September 18, 2014, Marlon conceded to removability and admitted to the allegations in his Notice to Appear but petitioned for asylum, withholding of removal, and protection under the CAT. On April …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals