Perwaish v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 17-3008 PERWAISH, a/k/a Perwaish Lnu, a/k/a Perwaish Khan, a/k/a Perwaish Hadi Khan, a/k/a Fnu Perwaish, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent On Petition for Review from an Order of the Board of Immigration Appeals (BIA No.: A205-235-513) Immigration Judge: Honorable John B. Carle Submitted under Third Circuit L.A.R. 34.1(a) on April 17, 2018 Before: GREENAWAY, JR., RENDELL and FUENTES, Circuit Judges (Opinion filed: July 3, 2018) O P I N I O N* * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. RENDELL, Circuit Judge: Petitioner Perwaish, a native and citizen of Pakistan, seeks our review of the Board of Immigration Appeals (“BIA”)’s order denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Because substantial evidence supported the agency’s conclusions, we will deny the petition for review. I. BACKGROUND A. Facts Perwaish is a Pakistani citizen from the Swat region, currently residing in the United States. He is married with eight children, and his wife and children, sister, and parents all still live in the Swat Valley. Until 2010, Perwaish worked as a crewman and a farmer. In 2009, Perwaish began supporting the Pakistani army in its efforts to drive the Taliban out of the Swat Valley region. He carried supplies and ammunition to the army and provided information about the Taliban’s whereabouts. In 2009, Taliban supporters kidnapped Perwaish at gunpoint when he was at a market. He was bound and forced to walk for two hours, then held in a dark room for two days, and then relocated to another room for four days. The attackers repeatedly asked him why he was supporting the Pakistani army. They beat and kicked him, and he sustained bruises from kicks to his lower back. He still has a visible rope-burn mark on his arm from the kidnapping. He was released after his father paid a ransom of US$15,000. The kidnappers warned him not to assist the Pakistani army any longer or he 2 would be killed. Perwaish spent two days in a hospital after his release, but he did not report the incident to the police or the army. Perwaish stayed at his house in Swat for a week and a half, but then went on to live in Mardan, Peshawar, and Karachi. He experienced no harm in these locations, but he testified that he felt unsafe. In late 2009, he moved his family back to Swat but made plans to leave Pakistan. He continued to aid the Pakistani army, but others in the community warned him that the Taliban were looking for him. However, he did not experience any harm. He left Pakistan in April 2011 and was admitted to the United States on a non-immigrant visa, authorized for one month. He overstayed his visa without authorization, which resulted in the present proceedings. Perwaish’s family remains in ...

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