Wilder Cordon-Salguero v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 20-1183 ______________ WILDER ESTUARDO CORDON-SALGUERO, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA ______________ On Petition for Review of an Administrative Order of Removal of the Department of Homeland Security (A094-933-170) Immigration Judge: Matthew Watters ______________ Submitted Under Third Circuit L.A.R. 34.1(a) December 14, 2020 ______________ Before: GREENAWAY, JR., SHWARTZ, and FUENTES, Circuit Judges. (Opinion Filed: March 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. GREENAWAY, JR., Circuit Judge. Wilder Estuardo Cordon-Salguero petitions for review of a decision of an Immigration Judge (“IJ”) concluding that he was not entitled to relief from reinstatement of a prior order of removal. The IJ concurred in the asylum officer’s conclusion that Cordon-Salguero had neither a reasonable fear of torture, as required for relief under the Convention Against Torture (“CAT”), nor a reasonable fear of persecution based on his race, religion, nationality, political opinion, or membership in a particular social group, as required for withholding of removal. Finding that substantial evidence supports the IJ’s decision, we will deny the petition for review. I. Background Cordon-Salguero, a native and citizen of Guatemala, was ordered removed from the United States on February 4, 2007. That order was executed on February 16, 2007, when Cordon-Salguero was removed to Guatemala. Approximately one week later, he left Guatemala to return to the United States, illegally re-entering the United States in approximately April 2007. After returning to the United States, Cordon-Salguero lived in Pennsylvania until December 17, 2019. On that date, “Philadelphia Fugitive Operations officers[,] . . . [who] were conducting surveillance . . . looking for the subject, Wilder Estuardo CORDON- Salguero, who had come to the attention of ICE as a previously removed alien that might have illegally re-entered the United States,” arrested him. DHS R. 4-5. That same day, 2 the Department of Homeland Security (“DHS”) notified Cordon-Salguero of its intent to reinstate his prior removal order. In response, Cordon-Salguero “express[ed] a fear of returning to the country of removal,” as required by 8 C.F.R. § 208.31(a). As a result, he was referred to an asylum officer for a reasonable fear interview. 8 C.F.R. § 208.31(b). The purpose of the reasonable fear interview is to give the alien an opportunity to “establish[] a reasonable possibility that he or she would be persecuted on account of his or her race, religion, nationality, membership in a particular social group or political opinion, or a reasonable possibility that he or she would be tortured in the country of removal.” 8 C.F.R. § 208.31(c). On January 2, 2020, Cordon-Salguero received a Notice of Reasonable Fear Interview, stating that the interview was being rescheduled, apparently due to his request for an attorney. On January 6, 2020, Cordon-Salguero’s reasonable fear interview was terminated because Cordon-Salguero did “not want to do the interview without [his] attorney present.” A.R. 55. The …

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