NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-1713 ___________ HECTOR HERBERT HENDERSON, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A209-307-955) Immigration Judge: John B. Carle ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) February 19, 2019 Before: MCKEE, COWEN, and ROTH, Circuit Judges (Opinion filed: October 30, 2019) ___________ 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. Hector Herbert Henderson, proceeding pro se, petitions for review of an order of the Board of Immigration Appeals (BIA) 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. I. Henderson is a citizen of Jamaica who entered the United States in 1989 on a visitor’s visa1 and has remained since. In 2015, he was convicted of possession with intent to deliver cocaine, in violation of 35 P.S. § 780-113(a)(30). In April 2017, Henderson was ordered removed as an aggravated felon pursuant to 8 U.S.C. § 1228(b). Henderson subsequently expressed a fear of return to Jamaica, and he was referred to withholding-only proceedings pursuant to 8 C.F.R. § 1208.31(e). At the merits hearing, Henderson testified that he worked as a policeman in Jamaica from 1979 to 1984, while the People’s National Party (PNP) was in power. Henderson worked as part of the security team for Michael Henry, a politician affiliated with the Jamaican Labor Party (JLP). Based on Henderson’s police work and his affiliation with the JLP, he was threatened by the “Clansmen” and other members of the PNP. In 1980, Henderson’s partner was shot and killed in a shootout with the Clansmen. 1 The parties appear to dispute whether the visa was fraudulent. We need not resolve that issue in order to adjudicate this appeal. 2 In 1984, Henderson was ambushed by four Clansmen and was shot. The shooters in both incidents were eventually apprehended or killed by Jamaican authorities. Because he feared the Clansmen, Henderson left the police force and lived in hiding in Ocho Rios for five years before coming to the United States in 1989. Henderson fears that if he returns to Jamaica he will be targeted and killed by the Clansmen. Although the PNP is no longer the political party in power, Henderson testified that he believes the JLP-led government will be unable to protect him from the Clansmen. The Immigration Judge (IJ) determined that Henderson was credible, but nonetheless denied relief. The IJ found that Henderson was ineligible for withholding of removal based on his conviction for unlawful trafficking of controlled substances, which presumptively constitutes a particularly serious crime. Henderson did not dispute that his conviction constitutes a particularly serious crime. With respect to Henderson’s CAT claim, the IJ determined that his fear was ...
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