NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 19-3009 ____________ MARCO ANTONIO GARCIA MADRID, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________ On Petition for Review of Orders from the Department of Homeland Security and the Executive Office for Immigration Review Agency No. A099-701-822 Immigration Judge: Carrie C. Johnson-Papillo ____________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) May 28, 2020 ____________ BEFORE: AMBRO, HARDIMAN, and RESTREPO, Circuit Judges (Filed: October 9, 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. RESTREPO, Circuit Judge. Marco Antonio Garcia Madrid petitioned this Court to review the determination of the Immigration Judge (IJ) that he did not establish a reasonable fear of persecution or torture to warrant a full hearing on his claims for withholding of removal or Conventions Against Torture (CAT) protection. For the reasons articulated below, we will deny his petition for review. I. Madrid, a citizen of Honduras, first illegally entered the United States on September 22, 2006. Pursuant to an IJ’s ruling, Madrid was removed on December 7, 2006. He re-entered the United States in early 2007 and lived unnoticed by the authorities for over a decade. Then, the Department of Homeland Security (DHS) reinstated his removal order on June 4, 2019. On July 26, 2019, a DHS asylum officer interviewed Madrid, who recounted that he witnessed a friend shoot and kill a member of a criminal group in Honduras in May 2006. That friend was subsequently murdered by a member of that group. Madrid stated he has had no contact with the group since the 2006 incident, and the group never directly threatened him or members of his family. He further acknowledged he had no reason to fear the Honduran authorities and his problem with the gang was personal in nature. The asylum officer found Madrid credible, but held he did not establish a reasonable fear of persecution or torture. 2 The IJ reviewed the officer’s determination in August 2019. Madrid told the IJ additional facts regarding his contact with the criminal group, stating that a gang member murdered his cousin for refusing to disclose his whereabouts. Madrid also related that men looked for him at his home in Honduras in 2013. After calling Madrid’s name, the men murdered the three boys that were there. Madrid reported he then received an anonymous message over Facebook threatening his son. He stated that he immediately re-entered the United States after being deported in 2006 because he learned a police officer informed the criminal group of his return to Honduras. The IJ affirmed the asylum officer’s negative fear determination, finding that Madrid failed to establish the reasonable possibility that he would be persecuted on the basis of his membership in a particular social group or that he would be tortured if removed to Honduras. The IJ’s order denying relief stated that Madrid’s claim was one “of general violence. [He] ...
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