NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 19-1790 _____________ ABEL PEREZ BORGES, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent _____________ On Petition for Review of a Decision of the Board of Immigration Appeals (Agency No. A216-282-345) Immigration Judge: Kuyomars Q. Golparvar ___________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) January 27, 2020 ___________ Before: CHAGARES, RESTREPO, and BIBAS, Circuit Judges. (Opinion Filed: January 30, 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. CHAGARES, Circuit Judge. Abel Perez-Borges 1 petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal and rejecting his argument that he is entitled to relief under the Cuban Adjustment Act (“CAA”). Perez-Borges also contends that he should have been granted parole. For the following reasons, we will deny the petition. I. We write for the parties and so recount only the facts necessary to our decision. Perez-Borges is a Cuban national who arrived in the United States on December 16, 2017. The Department of Homeland Security placed him in expedited removal proceedings and issued a Notice to Appear (“NTA”) charging him with removability. Perez-Borges requested asylum, withholding of removal, and deferral of removal under the Convention Against Torture (“CAT”). 2 At a hearing before the IJ on August 13, 2018, Perez-Borges’s testimony contained a number of inconsistencies and statements inconsistent with his asylum application. He testified that he feared returning to Cuba because he refused to join the military and refused to join the Communist Party. He stated that he was a trained pilot and that military service is compulsory in order to become a pilot in Cuba. He testified 1 Although Petitioner’s name is not hyphenated on our docket and is only sporadically hyphenated in the record, we hyphenate it here consistent with how it appears in his briefing before our Court. See, e.g., Perez-Borges Br. 4. 2 The BIA concluded that Perez-Borges waived his right to challenge the IJ’s denial of relief under the CAT, and Perez-Borges does not contest that ruling here. 2 that he had attended one year of military school, then attended a second year at “another school like a civil school.” Administrative Record (“A.R.”) 101. He also stated that he objected when the director of his school informed him that he was required to join the military and, as punishment, Perez-Borges was sent to work for an “agriculture aviation company.” A.R. 104–06. But he also said that he could avoid compulsory military service because he attended the military academy. Once, Perez-Borges was detained for about twenty-four hours by the Cuban police, who allegedly interrogated him and threatened him and his family. He claimed that the police detained him because he applied for a visa to travel to Mexico. In the course of this incident, the ...
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