NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 19-1462 _____________ DANY FRANCISCO PAREDES ESQUIVEL, Petitioner, v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent. ______________ On Petition for Review of a Final Decision of the Board of Immigration Appeals (Agency No. A097-537-610) Immigration Judge: Kuyomars Q. Golparvar ______________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a): January 28, 2020 ______________ Before: CHAGARES, RESTREPO, and BIBAS, Circuit Judges. (Filed: March 24, 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. RESTREPO, Circuit Judge. Dany Francisco Paredes Esquivel petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal from the denial of his application for deferral of removal under the Convention Against Torture (“CAT”). For the following reasons, we will deny Paredes Esquivel’s petition. I. Paredes Esquivel is a native and citizen of Guatemala. He was born in the town of Jutiapa Quesada and lived there most of his life. He first entered the United States in 2001 on a tourist visa, which he overstayed. In 2007, he returned to Guatemala to spend time with his ailing mother. During this time, he managed an auto parts store. Over the course of several months, various police officers came to the store demanding money. On one occasion in November 2007, when Paredes Esquivel said he did not have money to give them, a police officer hit him on the head with his gun, knocking him unconscious and causing him to bleed profusely. Paredes Esquivel reported these actions to the Guatemalan authorities, but they were unable to track down the officers given the minimal evidence he was able to provide. He went back to work at the auto parts store in January 2008, and soon after, certain police officers returned, threatened him, and physically assaulted him. Around one month later, he tried to return to the United States on a tourist visa but was apprehended by U.S. authorities. At that time, he claimed he was coming to get married and did not indicate that he was fleeing any harm or that he feared returning to Guatemala. He was denied entrance. 2 Paredes Esquivel returned to Jutiapa Quesada around February 2008. The police officers located him again and called him, threatening that he would face consequences if he did not stay silent. Paredes Esquivel kept a low profile but continued to leave the house to work on his father’s farm each day. He lived in Jutiapa Quesada for over ten months without physical confrontations. In January 2009, Paredes Esquivel managed to reenter the United States without authorization. Almost ten years later in January 2018, Paredes Esquivel was taken into custody by the Department of Homeland Security. At that time, an asylum officer conducted a reasonable fear interview and found that Paredes Esquivel demonstrated a reasonable fear of returning to Guatemala. Paredes Esquivel then applied for withholding of removal under the Immigration and Nationality ...
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