NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 17-3749 __________ FISSEHA TESFAY GEBRMARYAM, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A209-237-836) Immigration Judge: Walter A. Durling ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) May 24, 2019 Before: GREENAWAY, JR., RESTREPO and FUENTES, Circuit Judges (Opinion filed: November 6, 2019) ___________ OPINION* ___________ PER CURIAM Fisseha Tesfay Gebrmaryam petitions for review of an order of the Board of * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Immigration Appeals (BIA) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We will deny in part and dismiss in part the petition. I. Gebrmaryam, an Eritrean citizen, crossed the Mexican border with his family near Hidalgo, Texas in July 2016. The Department of Homeland Security (DHS) determined that he was inadmissible under 8 U.S.C. § 1182(a)(7)(A)(i)(I), as an alien present without a valid entry document, and issued an expedited removal order. Gebrmaryam obtained representation by the Villanova University School of Law and applied for asylum, withholding of removal, and protection under the CAT. He claimed that he feared persecution and torture in Eritrea on account of his religion (Pentecostal Christian) and an imputed political opinion (anti-Eritrean due to his religion). At his merits hearing, Gebrmaryam testified that prior to fleeing Eritrea, he had been imprisoned for over two years (from February 2007 to March 2009) on account of his religion and imputed political opinion. While imprisoned, he was beaten, forced to perform hard labor, and tied up outside in the sun. Gebrmaryam eventually escaped and fled to another region of Eritrea, but was recaptured there. He was detained for several days before crossing the border into Ethiopia. He met his wife in Ethiopia in 2012, and the couple had a daughter there in 2014. In April 2014, Gebrmaryam crossed into Sudan and lived there until July 2016, when a smuggler helped him and his family fly to Mexico. From there, he sought admission into the United States. 2 On cross-examination by the Government, Gebrmaryam stated that he had never traveled to any European countries or obtained refugee documents from any other nation. The Government, however, then produced a declaration by a Customs and Border Protection (CBP) officer stating that in 2008, Italy had granted Gebrmaryam and his wife permanent permits of stay. Gebrmaryam’s counsel objected to the admission of the declaration, but the IJ allowed it. After consulting with counsel, Gebrmaryam admitted that most of his prior testimony had been false. He conceded that he had moved to Italy in 2008 and had been granted permanent residency there. Gebrmaryam stated that he had married his wife in Italy, not Ethiopia, in 2012; that his daughter had been born in Italy; and that he and his family had lived there together ...
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