Pedro Guillen-Ramirez v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 17-2485 ___________ PEDRO DEJESUS GUILLEN- RAMIREZ, Petitioner v. ATTORNEY GENERAL UNITED OF THE STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A094-763-747) Immigration Judge: Honorable Kuyomars Q. Golparvar ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) March 9, 2018 Before: SHWARTZ, KRAUSE and FISHER, Circuit Judges (Opinion filed: March 15, 2018) ___________ OPINION * ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Pedro Guillen-Ramirez, proceeding pro se, petitions for review of an order of the Board of Immigration Appeals (BIA) denying his applications for withholding of removal and protection under the Convention Against Torture (CAT). We will deny the petition. I. Guillen is a citizen of El Salvador who entered the United States in 2001 as a visitor and overstayed his visa. In March 2004, he was convicted in Virginia of Taking Indecent Liberties with Children, Va. Code Ann. § 18.2-370 (2004), and sentenced to five years’ imprisonment. As a result of this conviction, the Department of Homeland Security (DHS) charged him with removability under 8 U.S.C. § 1227(a)(2)(A)(iii), as an alien convicted of an aggravated felony. Guillen was removed to El Salvador on August 26, 2005. He subsequently re-entered the United States unlawfully. In January 2015, DHS apprehended Guillen and reinstated his prior order of removal. An asylum officer conducted a reasonable-fear interview and, finding that Guillen did possess a reasonable fear of returning to El Salvador, transmitted the case to an Immigration Judge (IJ) for withholding-only proceedings pursuant to 8 C.F.R. § 208.31(e). Guillen, through counsel, applied for withholding of removal and deferral of removal under the CAT. He claimed that he fled El Salvador in response to threatening encounters with political opponents and gang members. At his hearing before an IJ, Guillen explained that he had been working for the ARENA political party and had been 2 threatened and/or assaulted by members of the opposition FMLN party four times. First, in 2012, a friend in the FMLN party had solicited his help in an election fraud scheme, and, when Guillen refused to help, the police began to ticket him. The next incident occurred when, approximately one month later, four men in a black police truck accused him of working with the ARENA party and assaulted him. After the assault, police advised Guillen that they could not identify the assailant because the truck had been stolen. Four weeks later, Guillen was abducted at gunpoint, taken to a remote sugarcane field, and thrown into a river. The assailants—one of whom bore an MS-13 gang tattoo—again accused him of working with the ARENA party. The fourth incident took place about one month later, when three men—at least one of whom was an MS-13 gang member—accosted him near his home and assaulted him. At that time, police advised Guillen to ...

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