NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 20-2137 ______________ YUNUS EMRE GOKSEN, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ______________ On Petition for Review of a Decision and Order of the Board of Immigration Appeals (BIA-1 : A201-938-554) Immigration Judge: Jason L. Pope ______________ Submitted under Third Circuit L.A.R. 34.1(a) February 9, 2021 BEFORE: CHAGARES, SCIRICA, and COWEN, Circuit Judges (Filed: March 24, 2021) ______________ OPINION* ______________ COWEN, Circuit Judge. * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Yunus Emre Goksen petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the order of the Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We will deny his petition for review. I. Goksen is a Turkish citizen who was charged with being removable under 8 U.S.C. § 1182(a)(7)(A)(i)(I). He conceded the charge against him and applied for asylum, withholding of removal, and protection under the CAT. “As summarized in the [IJ’s] decision, [Goksen] presented a claim based upon fear that he could be subjected to persecution and torture in connection with the failed coup attempt against the Erdogan government ([AR46-AR48; AR109-AR143; AR395-AR406]).” (AR3.) Specifically, he claimed he would be persecuted based on his political opposition to the Erdogan regime as well as his membership in four particular social groups: (1) sons of Turkish military members accused of involvement in the coup attempt; (2) sons of Turkish military members who served in North Atlantic Treaty Organization forces; (3) individuals accused of being members of the Izmet or Gulen political opposition movement; and (4) former students of shuttered Turkish military high schools. Following the hearing, the IJ denied Goksen’s requests for relief. Although he determined that Goksen failed to establish a well-founded fear of future persecution, the IJ did find three of the proposed particular social groups were cognizable (namely sons of Turkish military officers who were accused of plotting the coup, individuals accused of being members of the Izmet or Gulen movement, and former members of the shuttered 2 Turkish military high schools). Goksen then filed an administrative appeal to the BIA, but his appeal was dismissed. In addition to affirming the IJ’s finding that Goksen did not suffer any past harm rising to the level of persecution, the BIA determined that Goksen “has not shown that there is a reasonable basis for his belief that he will be persecuted when he returns to Turkey.” (AR5) Because he failed to meet the burden of proof for asylum, the BIA determined that Goksen could not show the clear likelihood of persecution required for withholding of removal. Noting that he did not establish he was tortured in the past and that neither Goksen nor his family were harmed after his father was imprisoned, the BIA agreed that his fear of torture in the future was speculative, …
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