In the United States Court of Appeals For the Seventh Circuit ____________________ Nos. 17-1723 & 18-1911 WILLIAM YOVANNI MOLINA-AVILA, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General of the United States, Respondent. ____________________ Petitions for Review of an Order of the Board of Immigration Appeals. No. A042-436-987 ____________________ ARGUED SEPTEMBER 17, 2018 — DECIDED OCTOBER 25, 2018 ____________________ Before EASTERBROOK, KANNE, and BRENNAN, Circuit Judges. KANNE, Circuit Judge. In February 2016, the Department of Homeland Security commenced removal proceedings against William Yovanni Molina-Avila. He requested deferral of re- moval because he feared torture by Guatemalan gangs. The immigration judge denied the request for deferral, and the Board of Immigration Appeals denied the appeal. Months 2 Nos. 17-1723 & 18-1911 later, Molina-Avila filed a motion to reopen the proceedings. The Board also denied that request. Molina-Avila has now pe- titioned for judicial review. Because the immigration judge’s decision was supported by substantial evidence, we deny the petition for review of the denial of Molina-Avila’s petition for deferral of removal. And because the Board committed no le- gal error in its analysis, we deny the petition for review of the denial of the motion to reopen. I. BACKGROUND William Yovanni Molina-Avila was born in Guatemala. In 1991, at the age of eleven, William came to the United States with his sister Monica and brother Edgar. William became a legal permanent resident the same year. As a young adult, he was convicted of three drug offenses under Illinois law. On February 2, 2016, the Department of Homeland Security initi- ated removal proceedings. William filed an application for de- ferral of removal under the Convention Against Torture (“CAT”), 8 C.F.R. § 1208.16(c). The application focused heav- ily on the treatment which William’s brother, Edgar, experi- enced after returning to Guatemala. Edgar was deported to Guatemala in 1998. Soon after his arrival, Edgar began experiencing violent harassment by a Guatemalan gang, the Mara 18. William believes the harass- ment occurred because Edgar was perceived as a wealthy for- mer-American. The Mara 18 also targeted Edgar because he was tattooed with gang-related imagery. The Mara 18 regularly extorted Edgar. When Edgar was unable to pay the “tax,” he would be beaten, kidnapped, or forced to ingest alcohol and drugs. The Mara 18 regularly threatened Edgar’s family, including William, with similar Nos. 17-1723 & 18-1911 3 treatment. Edgar’s mistreatment continued for years, during which time he became depressed and began drinking heavily. He died from cirrhosis of the liver in 2012. There are slight record inconsistencies regarding whether Edgar was extorted until his death. William testified that the gang never stopped extorting Edgar. Monica—Edgar’s sis- ter—testified that, towards the end of Edgar’s life, the Mara 18 did not extort Edgar because he had no money and was very ill. Instead, Edgar’s girlfriend paid on his behalf. William and Monica both testified that Marisol Cordova— Edgar’s former girlfriend—has experienced extortion after Edgar’s death. That extortion included threats to harm Cor- dova or her children if she did not ...
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