United States Court of Appeals For the First Circuit No. 18-1430 JAIME RODRIGUEZ-PALACIOS, Petitioner, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Lynch, Kayatta, and Barron, Circuit Judges. Melanie Chaput and Chaput Law Office on brief for petitioner. Genevieve Kelly, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, Joseph H. Hunt, Assistant Attorney General, Civil Division, U.S. Department of Justice, and Cindy S. Ferrier, Assistant Director, Office of Immigration Litigation, U.S. Department of Justice, on brief for respondent. June 12, 2019 BARRON, Circuit Judge. Jaime Rodriguez-Palacios ("Rodriguez"), a Mexican citizen, petitions for review of the Board of Immigration Appeals's ("BIA") order, which upheld the Immigration Judge's ("IJ") denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We dismiss in part and deny in part the petition for review. I. Rodriguez was born in Mexico and entered the United States without inspection in February 2007. The Department of Homeland Security ("DHS") commenced removal proceedings against Rodriguez on July 3, 2012, by filing a Notice to Appear with the Immigration Court that charged him with being removable from the United States under 8 U.S.C. ยง 1182(a)(6)(A)(i).1 Thereafter, in November 2012, Rodriguez filed an application for asylum, withholding of removal, and protection under the CAT. 1 Rodriguez notes that the Notice to Appear failed to designate a date or time for the future hearing, stating only that he was required to appear at a date and time "to be set." Citing Pereira v. Sessions, 138 S. Ct. 2105 (2018), Rodriguez contends that his Notice to Appear is now considered statutorily deficient, rendering him eligible for Cancellation of Removal for Nonpermanent Residents. However, he does not offer any arguments to us in reliance on Pereira, but rather notes that he has filed a motion before the BIA to remand the matter to the IJ. Therefore, we do not address that issue in this opinion. - 2 - At a hearing before the IJ on May 3, 2017, Rodriguez testified as follows. He was born and raised in Colima, Mexico, where his parents and siblings still resided. Four years before he entered the United States, someone unsuccessfully tried to hit him with a bottle at a party. After the attempted assault, Rodriguez ran away with his friends and, afraid of retaliation, never reported the incident to the police, though his friends told him that the perpetrator belonged to a gang. Before he left for the United States, he worked at a shipyard. Neither he nor his co-workers had any problems there. He left Mexico with the assistance of a coyote "[b]ecause [he] was looking for the future, and because of the violence that's in Mexico." Rodriguez further testified that his family had no problems in Mexico even after he left, though his brother worked for the Mexican military and kept to himself out of fear. Rodriguez also mentioned that, about a ...
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