NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-1184 ___________ PETER JEFFETH GORDON, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A047-924-776) Immigration Judge: Kelley Fowler ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) September 18, 2020 Before: SHWARTZ, RESTREPO and GREENBERG, Circuit Judges (Opinion filed: September 21, 2020) ___________ 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. Peter Jeffeth Gordon is a citizen of Jamaica. He filed a petition for review (PFR) of a final order of removal issued by the Board of Immigration Appeals (BIA). The PFR will be granted. I. Between his entering the United States in 2001 and adjusting to LPR status a few years later, Gordon was convicted in Pennsylvania state court of retail theft in violation of 18 Pa. Const. Stat. § 3929(a)(1). Later on, Gordon was convicted in Pennsylvania state court of, inter alia, theft by deception in violation of 18 Pa. Const. Stat. § 3922. As a result of his criminal convictions, Gordon was served with a notice to appear charging him with removability under 8 U.S.C. § 1227(a)(2)(A)(ii) (concerning multiple crimes involving moral turpitude), and 8 U.S.C. §§ 1227(a)(2)(A)(iii) (concerning aggravated felonies) and 1101(a)(43)(M)(i) (defining “aggravated felony” as an offense that “involves fraud or deceit in which the loss to the victim or victims exceeds $10,000”). An immigration judge (IJ) sustained the charges. To block his removal Gordon applied for asylum, withholding of removal under the Immigration and Nationality Act (INA), and relief under the Convention Against Torture (CAT). Gordon claimed that if removed he would be harmed on account of his sexual orientation and, to a lesser extent, his political affiliation. The IJ made an adverse credibility finding and denied relief. The BIA sustained Gordon’s appeal and remanded proceedings. The BIA determined that the IJ did not 2 support his conclusions as to credibility and discretionary relief with clear fact-finding and record cites. A new IJ was assigned on remand. The new IJ held a hearing and then denied relief. The IJ determined that Gordon’s aggravated felony conviction made him ineligible for asylum. The IJ also determined— based on an adverse credibility finding rooted in various material inconsistencies between Gordon’s latest testimony on the one hand, and the documentary evidence and his prior testimony on the other—that Gordon was not entitled to withholding of removal under the INA. The IJ found no objective, credible evidence that Gordon is bisexual or that he was attacked while visiting Jamaica in 2014. Finally, the IJ determined that Gordon was not entitled to CAT relief because there was no evidence of past torture and no evidence that the Jamaican government would acquiesce to future torture. The BIA affirmed. It agreed with the IJ’s aggravated felony determination, and concluded that the IJ’s adverse credibility determination ...
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