NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-1316 ___________ CARLOS SALGUERO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A206-904-809) Immigration Judge: Mirlande Tadal ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) December 14, 2018 Before: CHAGARES, BIBAS and GREENBERG, Circuit Judges (Opinion filed: May 2, 2019) ___________ OPINION * ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Carlos Salguero, proceeding pro se, petitions for review of an order of the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We will dismiss the petition in part and deny it in part. I. Salguero is a citizen of Guatemala who entered the United States without inspection in 2005. After he was convicted of receiving stolen property, driving under the influence, and other offenses, the Department of Homeland Security (DHS) began removal proceedings, charging him with inadmissibility under 8 U.S.C. § 1182(a)(6)(A)(i). Salguero admitted nearly all the factual allegations, and the Immigration Judge (IJ) sustained the charge of removability. Salguero then filed an application for asylum, withholding of removal, and protection under the CAT. At the merits hearing, Salguero proceeded pro se and testified in support of his claims. Salguero left Guatemala in 2005, at age 18, because of the violence in his country. That violence included the killings of his uncle and cousin, but Salguero was never physically harmed. Salguero testified that he fears returning to Guatemala because he was assaulted twice in Princeton, New Jersey, by a former housemate named Oscar. Salguero said that the two did not get along, and that the assaults were prompted by a private dispute. Salguero also said that, although the assaults were not gang related, Oscar was an MS-13 gang member. Salguero sustained no serious injuries during the first assault, and did not report it to the police. The second assault resulted in a laceration over Salguero’s left eye 2 that required nine stitches. Salguero reported this assault to police, but Oscar apparently fled and Salguero has not seen him since the incident. Salguero testified that his parents and sister still live in Guatemala. Once, in 2014, Oscar’s family and friends threatened Salguero’s family in Guatemala. They also threatened to kill Salguero, if he returned, because he had reported Oscar to the police in the United States. Since that incident in 2014, Oscar’s family has not had any contact with Salguero’s family, and Salguero has not been informed of Oscar’s whereabouts. The IJ determined that Salguero was credible and had provided sufficient corroboration for his claims, but nonetheless denied relief. The IJ found that Salguero’s asylum request was time barred because it was not made within a year of arrival or within a reasonable time after the 2013 assault. Salguero’s withholding claim ...
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