NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 21-1474 _____________ DOMINIC JEROME ALEXANDER, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _______________ On Petition for Review of an Order of the Board of Immigration Appeals (BIA 1:A055-555-140) Immigration Judge: Pallavi S. Shirole _______________ Submitted Under Third Circuit LAR 34.1(a) January 18, 2022 Before: JORDAN, RESTREPO, and PORTER, Circuit Judges (Filed February 4, 2022) _______________ OPINION _______________ JORDAN, Circuit Judge. Petitioner Dominic Alexander seeks review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal after an Immigration Judge (“IJ”) This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. denied his application for asylum, withholding of removal, and deferral of removal under the Convention Against Torture (“CAT”). We will deny his petition for review. I. Background Alexander is a native and citizen of Jamaica who entered the United States in 2002. In 2015, he pled guilty in New Jersey state court to distributing a controlled dangerous substance within 1,000 feet of school property, in violation of N.J. Stat. Ann. § 2C:35-7, and to unlawful gun possession, in violation of N.J. Stat. Ann. § 2C:39-7. More specifically, Alexander admitted to possessing a semi-automatic handgun and marijuana (with an intent to distribute it) within 1,000 feet of a school. The indictment alleged, in a separate count dismissed as part of Alexander’s plea deal, that the amount of marijuana exceeded 50 grams. The government seeks to remove Alexander as a noncitizen convicted of a controlled substance violation, a firearms offense, and two crimes of moral turpitude. See 8 U.S.C. § 1227(a)(2)(A)(ii), (B)(i), (C). Alexander has conceded removability but has applied for asylum, withholding of removal, and protection under the CAT. His application is based on two grounds. First, he claims that he would be persecuted and tortured in Jamaica because he is bisexual. To prove his risk, Alexander describes his past experiences as follows. In 2001, when he was fourteen years old, he had his first physical relationship with another boy. When that relationship was discovered, the dean of his school threatened to cane him, he was expelled, and his father disowned him. He then moved to his mother’s house, but there he was assaulted by a group of youths in the neighborhood. They called him a derogatory name for a 2 homosexual, beat him with a stick, kicked him, and dragged him on the floor. He required several stitches on his face and could only eat through a straw during his recovery. He then went to his uncle’s house, where he stayed for a few months before coming to the United States. Shortly after he left, some men came to his uncle’s house looking for him and threatened to burn the house down if Alexander ever returned. In 2012, at a club in New York, he encountered two of the people who had beaten him back in Jamaica; they chased him, but he …
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