In the United States Court of Appeals For the Seventh Circuit ____________________ Nos. 20-1799 & 20-2998 YVES MABUNEZA, Petitioner, v. MERRICK B. GARLAND, Attorney General of the United States, Respondent. ____________________ Petitions for Review of Orders of the Board of Immigration Appeals. No. A078-767-348 ____________________ ARGUED SEPTEMBER 9, 2021 — DECIDED OCTOBER 28, 2021 ____________________ Before KANNE, HAMILTON, and ST. EVE, Circuit Judges. KANNE, Circuit Judge. In March 2017, the Department of Homeland Security commenced removal proceedings against Yves Mabuneza. He requested deferral of removal because he feared that he would be tortured if he were deported to the Democratic Republic of the Congo (“DRC”). The immigration judge (“IJ”) denied the request for deferral, and the Board of Immigration Appeals dismissed Mabuneza’s appeal of that 2 Nos. 20-1799 & 20-2998 decision. Mabuneza then filed a motion to reconsider the dis- missal, which the Board denied. Because the IJ’s decision was supported by substantial evidence, we deny the petition for review of the denial of Mabuneza’s request for deferral of re- moval. And because the Board did not commit a legal or fac- tual error in its analysis, we deny the petition for review of the denial of the motion to reconsider. I. BACKGROUND Mabuneza is a native and citizen of the DRC. He entered the United States in 2000 as a refugee and became a lawful permanent resident in 2001. After a 2006 conviction for petit larceny and a 2016 conviction for aggravated sexual abuse, Mabuneza was placed in removal proceedings in March 2017. To avoid removal to the DRC, Mabuneza applied for asylum, withholding of removal, and protection under the Conven- tion Against Torture (“CAT”). After a hearing, the IJ issued a written decision on April 12, 2019, denying Mabuneza’s applications and finding that Mabuneza was not eligible for deferral of removal under the CAT. Mabuneza filed a motion to reopen, which the IJ granted. The IJ permitted Mabuneza to present additional ev- idence and testimony at a hearing. On October 28, 2019, the IJ issued a second written decision, again denying Mabuneza’s CAT application. In support of his application, Mabuneza stated that he re- ceived refugee status from the United States because he had faced persecution as a member of the Tutsi ethnic group and that he would be targeted again if he were deported to the DRC. He also claimed that he would be viewed as a political dissident for being featured in a series of 2000 and 2001 Nos. 20-1799 & 20-2998 3 Chicago Tribune articles describing his and his family’s expe- riences as refugees, that he would be detained upon return to the DRC as a traitor who sought asylum abroad, and that he would be seen as a threat due to his sexual abuse conviction. Mabuneza submitted country conditions evidence showing that persons returning to the DRC may face suspicion from the police and be arrested and detained, and that the Congo- lese government sometimes tortures detainees and prisoners for political and human rights …
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