Michael Ho-Sue v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-2340 _____________ MICHAEL ANTHONY HO-SUE, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent _____________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A079-616-884) Immigration Judge: Walter A. Durling ______________ Submitted Under Third Circuit L.A.R. 34.1(a) April 16, 2018 ______________ Before: GREENAWAY, JR., RENDELL, and FUENTES, Circuit Judges. (Opinion Filed: June 27, 2018) ______________ OPINION * ______________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. GREENAWAY, JR., Circuit Judge. Michael Ho-Sue petitions for review of a final order of the Board of Immigration Appeals (“BIA”) denying his applications for discretionary cancellation of removal under 8 U.S.C. § 1229b(a) and deferral of removal under the Convention Against Torture (“CAT”). But because Ho-Sue is removable as an alien convicted of a controlled substance offense, our jurisdiction is limited to constitutional claims and questions of law. See 8 U.S.C. § 1252(a)(2)(C)–(D). To the extent that Ho-Sue raises constitutional or legal issues, his arguments lack merit. We will accordingly deny his petition for review. I. BACKGROUND Ho-Sue is a citizen of Jamaica who first arrived in the United States in 2000 and eventually became a legal permanent resident. In 2011, he was convicted in Pennsylvania on charges of conspiracy and possession with intent to deliver marijuana. See 18 Pa. Cons. Stat. § 903(a)(1) (2018); 35 Pa. Stat. and Cons. Stat. Ann. § 780- 113(a)(30) (West 2018). He was sentenced to nine months to five years in prison and was ultimately credited for time served of 1,478 days. As a result of the convictions, removal proceedings were initiated in 2013, and an Immigration Judge (“IJ”) ultimately found that Ho-Sue was removable as both an alien convicted of a controlled substance offense, and as an alien convicted of an aggravated felony. See 8 U.S.C. § 1227(a)(2)(A)(iii), 1227(a)(2)(B)(i). Ho-Sue subsequently filed an application for deferral of removal under the CAT. 2 In support of the application, Ho-Sue stated that he had been threatened by lottery scammers in Jamaica after one of his ex-girlfriends, Lisa Parvaiz, had stolen $25,000 from them. According to Ho-Sue, the police in Jamaica were paid off by the scammers and deliberately avoided arresting the group’s leaders. Ho-Sue blamed the scammers for the 2008 shooting death of his cousin, and he claimed that someone had approached his mother when she was in Jamaica to say that her son would be killed if he ever returned to Jamaica. Ho-Sue said that he believed these threats to be credible and that he feared his life would be in danger if he ever went back. The IJ found Ho-Sue’s testimony credible, but nonetheless denied the CAT application. The IJ reasoned that Ho-Sue had not established how his cousin’s killing had anything to do with him. More importantly, despite the threats Ho-Sue had apparently received, he had returned to Jamaica for his cousin’s ...

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