United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3344 ___________________________ Jorge Jimenez-Vielma lllllllllllllllllllllPetitioner v. Matthew G. Whitaker, Acting Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: September 26, 2018 Filed: November 29, 2018 [Unpublished] ____________ Before WOLLMAN, KELLY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. An Immigration Judge (IJ) denied Jorge Jimenez-Vielma’s applications for withholding of removal, asylum, and Convention Against Torture (CAT) protection. The Board of Immigration Appeals (Board) dismissed Jimenez-Vielma’s appeal. We deny his petition for review of that decision. I. Background Jimenez-Vielma was born in Piedras Negras, a Mexican town just south of the Texas border, where he lived until the age of seventeen. In Piedras Negras, Jimenez- Vielma experienced violence on several occasions because of his older brother’s gang activity. In one incident, a member of a rival drug cartel assaulted Jimenez-Vielma and threatened him with a sharp object. On another occasion, the police beat then- fourteen-year-old Jimenez-Vielma after he failed to provide information about his brother. At age sixteen, Jimenez-Vielma was arrested and incarcerated in an adult prison for three months. After his release, the same rival gang member stabbed him with a screwdriver. Jimenez-Vielma departed Piedras Negras two months later and entered the United States without inspection in August 2001. He has lived in the United States continuously since that time. In 2013, he married a United States citizen with four children from a previous relationship. Jimenez-Vielma’s brother was arrested in Mexico in 2013 and remains incarcerated. His parents still live in Piedras Negras and have never been harmed by gang members or law enforcement. Jimenez-Vielma’s sister currently lives outside Piedras Negras. She has never been physically harmed by gang members, but her car was attacked at some point by an unknown individual. In 2012, the Department of Homeland Security (DHS) initiated removal proceedings against Jimenez-Vielma, alleging that he was inadmissible for entering the country without inspection. The immigration proceedings were stayed, however, when Jimenez-Vielma was charged in St. Louis County, Missouri, with possession of cocaine base in violation of Missouri Revised Statutes § 195.202. After Jimenez- Vielma was convicted in 2015, DHS lodged an additional charge of inadmissability against him and the proceedings resumed. -2- At a series of hearings Jimenez-Vielma admitted entering the United States without inspection and testified to the facts as set forth above. He also called Dr. Thomas Boerman to testify as an expert witness about organized crime in Mexico. Dr. Boerman opined that if removed to Mexico, Jimenez-Vielma would face a risk of torture or murder based on his familial relationship with his brother, and his status as a pocho, which Jimenez-Vielma defines as an Americanized Mexican. The IJ found Jimenez-Vielma inadmissible and subject to removal under §§ 212(a)(2)(A)(i)(II) and 212(a)(6)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. §§ 1182(a)(2)(A)(i)(II) and 1182(a)(6)(A)(i), and, as recounted above, denied his applications for asylum, withholding of removal, and CAT protection. Jimenez- Vielma appealed ...
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