NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 20-2478 _____________ NORLIN CORNELIO LEIVA-BARRIOS, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _____________ On Petition for Review of a Decision of the Board of Immigration Appeals (Agency No. A206-775-983) Immigration Judge: Steven A. Morley _____________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) June 22, 2021 _____________ Before: CHAGARES, PORTER, and ROTH, Circuit Judges (Opinion filed: August 5, 2021) ____________ OPINION* ____________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. CHAGARES, Circuit Judge. Norlin Cornelio Leiva-Barrios petitions this Court to review a decision of the Board of Immigration Appeals (the “BIA”) dismissing his appeal and rejecting his ineffective-assistance-of-counsel claim after an Immigration Judge (“IJ,” and collectively with the BIA, “agency”) denied his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). For the following reasons, we will deny the petition. I. We write solely for the parties’ benefit, so our summary of the facts is brief. Leiva-Barrios is a citizen of Guatemala. He was stopped when he entered the United States as a sixteen-year-old unaccompanied minor in 2014. The Department of Homeland Security served Leiva-Barrios with a Notice to Appear that charged him as removable because he was in the United States “without being admitted or paroled.” 8 U.S.C. § 1182(a)(6)(A)(i). Leiva-Barrios, through counsel, conceded the factual allegations and charge in the Notice to Appear. Leiva-Barrios applied for asylum, withholding of removal, and CAT relief. He wrote in his application that his sister had been threatened and was in hiding and that unknown people had attacked his school and killed six students. At his removal proceedings, however, Leiva-Barrios testified that “nobody shot at the students” and that no one was harmed. Admin. Rec. (“A.R.”) 152. One of his classmates was tragically killed, but this murder occurred while his classmate was running an errand and Leiva- Barrios did not know who killed his classmate or why. He also testified that, although his 2 sister’s husband and father-in-law were murdered, his sister had not been threatened or harmed and Leiva-Barrios was not aware of any threats against the rest of his family. Leiva-Barrios also testified that he feared the “mob” would hurt him or “force [him] to do something that [he] didn’t want to do” and that he “no longer wanted to live in Guatemala because of the violence and crime.” A.R. 156. Leiva-Barrios and his family, however, have never interacted with this mob, which is not active in his hometown. On August 22, 2018, the IJ issued an oral decision denying Leiva-Barrios’s application for relief and ordering him removed. In analyzing Leiva-Barrios’s asylum and withholding-of-removal claims, the IJ concluded that Leiva-Barrios’s particular social group was his family. The IJ found that Leiva-Barrios’s fear of returning to Guatemala was not objectively reasonable because his family members who remained in Guatemala had never been harmed or threatened, apart from his sister’s husband …
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