NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-3015 __________ ELIJAH HARMON, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A094-570-033) Immigration Judge: Kuyomars Golparvar ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) August 4, 2020 Before: KRAUSE, MATEY, and ROTH, Circuit Judges (Opinion filed: February 2, 2021) ___________ 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. Elijah Harmon, proceeding pro se, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of a decision of an Immigration Judge (“IJ”) ordering his removal and denying his application for relief from removal. For the reasons that follow, we will deny the petition for review. Harmon is a native and citizen of Liberia. He was admitted to the United States in 2004 as a refugee. Harmon’s father, who was admitted as a refugee, filed a derivative petition on his behalf. The Department of Homeland Security issued a notice to appear in June 2018 alleging that Harmon was convicted in January 2018 in Pennsylvania state court of the manufacture, delivery, or possession with intent to manufacture or deliver heroin in violation of 35 Pa. Stat. § 780-113(a)(30). DHS charged Harmon with being subject to removal because he was convicted of an offense relating to the illicit trafficking of a controlled substance, an aggravated felony. See 8 U.S.C. §§ 1101(a)(43)(B), 1227(a)(2)(A)(iii). The IJ found that Harmon had been convicted of the alleged offense and that he is removable as charged. Harmon, proceeding pro se, applied for asylum, withholding of removal, and relief under the Convention Against Torture. At his hearing, Harmon, who was born in 1990, stated that he was abducted in 1999 or 2000 by a group named Law Rebel and forced to be a soldier during the civil war in Liberia. Harmon said that he was beaten and tortured because he would not kill other people, and that he was reunited with his mother in 2003 after another group captured and helped him. Harmon then lived in Liberia and went to 2 school. He came to the United States in 2004 to live with his father, who had been admitted in 2000. Although the civil war had ended, Harmon stated that there is still criminal activity in Liberia, that he fears rebel leaders who are now in the government, and that the leader of Law Rebel is in Liberia. On cross-examination, the Government noted that Harmon’s affidavit stated that he was forced to participate in raids and protect houses and offices for the rebel group. Harmon said that he only carried food and supplies that others had taken. The Government also produced documents that his father had submitted when he applied for derivative refugee status on Harmon’s behalf, including a baptismal certificate and school record issued on dates ...
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