Edwin Posada Pabon v. U.S. Attorney General

Case: 17-10896 Date Filed: 11/15/2017 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-10896 Non-Argument Calendar ________________________ Agency No. A088-076-091 EDWIN POSADA PABON, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (November 15, 2017) Before WILLIAM PRYOR, FAY and ANDERSON, Circuit Judges. PER CURIAM: Case: 17-10896 Date Filed: 11/15/2017 Page: 2 of 10 Edwin Posada Pabon petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s (“IJ”) denial of his claim for withholding of removal. We deny his petition. I. BACKGROUND Pabon, a native and citizen of Colombia, entered the United States on January 23, 2001, on a B2 nonimmigrant visa for a visitor for pleasure, for a temporary period not to exceed July 22, 2001. In June 2009, Pabon was issued a notice to appear by the Department of Homeland Security (“DHS”), charging that he was removable under the Immigration and Nationality Act (“INA”) § 237(a)(1)(b), 8 U.S.C. § 1227(a)(1)(b). Pabon admitted the allegations contained in the notice to appear and conceded removability. In April 2013, Pabon filed an application for asylum and withholding of removal based on membership in a particular social group, as well as for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). Pabon alleged that he had received death threats and many members of his family had been assassinated in Colombia. Pabon described how many of his uncles and other relatives had been murdered by the Cali drug cartel in the 1980s and 1990s, how he was threatened and attacked on several occasions, and how he only survived because he had fled from Colombia. In 2015, Pabon filed an amended application and a replacement fact statement that 2 Case: 17-10896 Date Filed: 11/15/2017 Page: 3 of 10 corrected inaccuracies in his original statement; he also moved for an exception to the one-year filing deadline for asylum claims. At the merits hearing, Pabon testified that he had left Colombia because his “family had lots of problems” there. R. at 138. Pabon testified that his maternal uncles, Luis and Jorge Londoño, had been associated with the Medellin drug cartel. Luis was murdered by a member of the Cali cartel in 1988 or 1989; Jorge was murdered a year later. Pabon’s four other maternal uncles also were murdered in Colombia between 1988 and 1992. Additionally, one of Pabon’s maternal aunts was murdered and another disappeared. Pabon did not know where his other three maternal aunts were, but he knew they had fled from Colombia. Pabon testified that in the late 1980s, his family constantly moved to avoid threats. He did not know much about his uncles’ cartel involvement; he only knew that his family was targeted because of cartel problems. Pabon was never involved in a cartel and was never politically active in Colombia. In 1988, gunmen made ...

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