NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 19-2222 ______________ JONATAN ROZCO-PEREZ a/k/a Yonatan David Orozco-Perez, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ______________ PETITION FOR REVIEW OF A FINAL ORDER OF THE BOARD OF IMMIGRATION APPEALS (Agency No. A201-036-108) Immigration Judge: Alice S. Hartye ______________ Submitted under Third Circuit LAR 34.1(a) February 3, 2020 ______________ Before: SHWARTZ, SCIRICA, and RENDELL, Circuit Judges. (Filed: February 4, 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. SHWARTZ, Circuit Judge. Yonatan Orozco-Perez, 1 a native and citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”) denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). Because the IJ and the BIA correctly concluded that Orozco-Perez failed to show he was entitled to relief, we will deny his petition. I Orozco-Perez and his family are Evangelical Christians. While in Guatemala, Orozco-Perez attended weekly church services and visited homes in the area to preach and invite people to join the church. Much of this preaching was against membership in the local gang. Orozco-Perez stated that this evangelizing and gang opposition drew negative attention from gang members. Orozco-Perez experienced gang recruitment and witnessed gang violence and extortion. For example, after he witnessed a gang robbery and murder, members of the gang appeared at Orozco-Perez’s home, threatened to kill him, and shot rounds into the family house. Orozco-Perez and his brother received medical attention from firefighters. They were scared, but physically unharmed. In addition, police responded to Orozco- 1 The correct spelling of the petitioner’s last name is Orozco-Perez, though it appears in the record and in a portion of the briefing as “Rozco-Perez.” 2 Perez’s home after the shooting, but no arrests were made because Orozco-Perez and his brother were unable to identify the perpetrators. At age fourteen, in 2010, Orozco-Perez entered the United States without documentation to avoid the gang violence, but in 2011, he was ordered removed to Guatemala. After returning to Guatemala, Orozco-Perez resumed preaching against gangs. While Orozco-Perez was preaching, gang members occasionally threatened or detained him and others because, as Orozco-Perez explained, the gang “felt [the evangelists] were invading their territory.” A.R. 108. In addition, because the church tried to guide young people away from gangs and toward the church, church members “became the enemies of the gangs.” A.R. 142. Orozco-Perez also experienced two robberies, unrelated to his preaching, which he did not report to the police. In 2013, Orozco-Perez returned to the United States. In 2018, he was apprehended by Immigration and Customs Enforcement and his removal order was reinstated. Based on a credible fear interview, an asylum officer opined that Orozco-Perez had a reasonable fear of future torture in Guatemala and his case was referred to an IJ for further proceedings. Orozco-Perez ...
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