NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 19-2827 ________________ HENRY DOLORES AMAYA-AMAYA a/k/a Henrri Dolores Amaya-Amaya, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent _______________________ On Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205-713-426 (Immigration Judge: Annie S. Garcy) ______________ Submitted Pursuant to Third Circuit LAR 34.1(a) February 6, 2020 Before: SHWARTZ, SCIRICA, and COWEN, Circuit Judges. (Filed: May 5, 2020) ________________ OPINION * ________________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. SCIRICA, Circuit Judge Henry Dolores Amaya-Amaya challenges the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the Immigration Judge’s (the “IJ”) denial of his request for a continuance and his applications for asylum under 8 U.S.C. § 1158 and withholding of removal under 8 U.S.C. § 1231(b)(3) and the United Nations Convention Against Torture (“CAT”), 8 C.F.R. § 208.16. For the reasons discussed below, we will dismiss Amaya’s petition to the extent it challenges the denial of his CAT claim and will deny the remainder. I. Amaya is a native and citizen of El Salvador who entered the United States as an unaccompanied minor in March 2013. A.R. 398. Removal proceedings were initiated shortly thereafter. A.R. 397–98. He was represented by counsel, Cristina Lambert, for the majority of the removal proceedings. A.R. 61–106. Amaya conceded the charge of removability, but later applied for asylum and withholding of removal in February 2014. A.R. 66 (66:16–21); 273–339. In May 2016, the IJ set a merits hearing for February 13, 2018, with evidence due sixty days prior. A.R. 383–84. On January 17, 2018, Ms. Lambert, filed a motion to withdraw, citing Amaya’s lack of cooperation in her representation and in providing necessary documents. A.R. 367–70. The IJ denied the motion on January 24, 2018. A.R. 356–58. Amaya terminated Ms. Lambert on January 29, 2018. A.R. 351. Ms. Lambert moved again for withdrawal, which was granted on January 31, 2018. A.R. 345–62; 340–42. Amaya appeared at the February 13, 2018 merits hearing pro se. A.R. 108, 109 2 (108:1–3, 109:12–15). At the hearing, he orally requested a continuance to obtain counsel and additional evidence. A.R. 109 (109:16–19). The IJ denied the continuance request and proceeded with the scheduled merits hearing. A.R. 109 (109:20–25). The IJ specifically questioned Amaya about the additional evidence he wished to present. A.R. 111–114 (111:14–114:20). The IJ determined, in her oral opinion, that Amaya had not shown good cause for a continuance and denied his applications for asylum and withholding of removal because he failed to provide evidence that he was persecuted for his association with a protected social group and because he failed to show any past or future threat of torture by a public official. A.R. 39–53. Amaya appealed the IJ’s decision to deny a continuance and to deny his applications for asylum and withholding of removal to the BIA. A.R. 30–33. On July ...
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