NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-3990 ___________ FREDY MARIONY ALVARADO-CALDERON, a/k/a Eduardi Calderon, a/k/a Estuardo Calderon, a/k/a Ignacio Velasquez, a/k/a Estuardo Soto-Lopez, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A078-171-945) Immigration Judge: Honorable Audra Behne ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) August 10, 2020 Before: AMBRO, GREENAWAY, JR. and PORTER, Circuit Judges (Opinion filed: August 12, 2020) ___________ 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. Fredy Mariony Alvarado-Calderon (Calderon), proceeding pro se, petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from the Immigration Judge’s (IJ) order denying his application for withholding of removal and protection under the Convention Against Torture (CAT). For the reasons that follow, we will dismiss the petition in part and deny it in part. As the parties are well-aware of the facts, we will only describe them here briefly. Alvarado-Calderon, a native and citizen of Guatemala, entered the United States illegally in 1996. After his conviction in New Jersey for shoplifting in 2000, he returned to Guatemala; but he was apprehended a year later as he attempted to re-enter the United States. In 2001, he was charged with removability pursuant to 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present without admission. An IJ ordered him removed in absentia.1 Between 2002 and 2006, he was convicted in New Jersey and Pennsylvania of numerous offenses ranging from shoplifting to simple assault. He was removed pursuant to the prior removal order in 2007. Alvarado-Calderon re-entered the United States again in 2008; that same year, he was convicted of battery in Illinois. He returned to Guatemala in 2009, where he was convicted of serious bodily injury in 2011, and, a year later, he was arrested for extortion. In January 2017, he admittedly shot his cousin Manuel in the back and Manuel’s son, 1 The Government maintains that Alvarado-Calderon was removed pursuant to that order in October 2001, and that he re-entered the United States sometime thereafter; however, the record is unclear on this point. 2 Carlos Manuel, in the chest. Carlos Manuel died five days later. Two months later, he left Guatemala and entered the United States illegally for the final time. There is an outstanding warrant in Guatemala for Alvarado-Calderon’s arrest for murder and attempted murder. Alvarado-Calderon was detained by U.S. immigration authorities in July 2017, and his prior order of removal was reinstated. He was convicted in the United States District Court for the District of Maryland in March 2018 of illegal re-entry in violation of 8 U.S.C. § 1326, for which he was sentenced to two years’ imprisonment. In 2019, upon release into custody with the Immigration and Customs Enforcement (ICE) Agency, he expressed a fear of harm if he was returned to Guatemala, ...
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