Jose Lopez-Sanchez v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-3283 __________ JOSE EDUARDO LOPEZ-SANCHEZ, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A216-647-080) Immigration Judge: Jack H. Weil ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) May 19, 2021 CHAGARES, Chief Judge, PHIPPS and COWEN, Circuit Judges (Opinion filed: April 1, 2022) ___________ OPINION * ___________ PER CURIAM Jose Eduardo Lopez-Sanchez, proceeding pro se, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of a decision of an * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Immigration Judge (“IJ”) denying his applications for relief from removal. For the reasons that follow, we will deny the petition for review. Lopez-Sanchez is a native and citizen of Mexico. He entered the United States in 2012 at the age of seventeen. In 2020, the Department of Homeland Security issued a notice to appear charging that he was removable for being present in the United States without having been admitted or paroled. Through counsel, Lopez-Sanchez conceded that he was removable and applied for asylum, withholding of removal, and relief under the Convention Against Torture. At his hearing, Lopez-Sanchez testified that in 2011 he attended a party in the community where his uncle lived, which was about a half hour drive from his own home in Guanajuato, Mexico. After his uncle had an altercation with someone at the party, Lopez-Sanchez and his uncle left. As they were driving, they saw two cars blocking the road. Lopez-Sanchez’s uncle told Lopez-Sanchez to run and hide. Lopez-Sanchez ran, heard bullets ricocheting in his direction, and saw the shooters from afar. His uncle ran the opposite way. Lopez-Sanchez stated that the shooting was probably related to the altercation, but he did not know who that involved. Lopez-Sanchez never spoke to his uncle again. Three days after the incident, his father arranged to send him to the United States. Before Lopez-Sanchez left, his father told him that vehicles were driving by their home. No one threatened or harmed Lopez- Sanchez’s parents or siblings after he left. Lopez-Sanchez, however, was unable to enter the United States. He then lived with his sister in Michoacan, Mexico, where he stayed 2 inside and was not threatened or harmed. He learned then that his uncle was involved in organized crime. In 2012, Lopez-Sanchez entered the United States without inspection. Lopez-Sanchez also testified that in December 2019 the Jalisco New Generation Cartel kidnapped and killed his uncle, who belonged to the rival Santa Rosa Cartel. His uncle’s body was dismembered, and photographs were posted on Facebook. The Jalisco Cartel left a note with the body that included a list of persons that the group planned to harm. Lopez-Sanchez did not know the persons on the list and his name was not on it. …

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