721 Fed.Appx. 143 (3rd Cir. 2018), 17-1750, Caal-Mo v. Attorney General United States

Docket Nº:17-1750
Citation:721 Fed.Appx. 143
Opinion Judge:STEARNS, District Judge.
Party Name:ANDRES CAAL-MO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent
Attorney:For ANDRES CAAL-MO, Petitioner: Daniel M. Pell, Esq., York, PA. For ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent: Todd J. Cochran, Esq., OIL, Jeff Sessions, Esq., Mona M. Yousif, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC.
Judge Panel:Before: JORDAN, ROTH, Circuit Judges and STEARNS , District Judge.
Case Date:January 22, 2018
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 143

721 Fed.Appx. 143 (3rd Cir. 2018)

ANDRES CAAL-MO, Petitioner

v.

ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent

No. 17-1750

United States Court of Appeals, Third Circuit

January 22, 2018

Submitted Under Third Circuit LAR 34.1(a) January 9, 2018

NOT PRECEDENTIAL

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Petition for Review of an Order of the United States Department of Justice Board of Immigration Appeals. (BIA A205-526-197). Immigration Judge: Hon. Rosalind K. Malloy.

COUNSEL:

For ANDRES CAAL-MO, Petitioner: Daniel M. Pell, Esq., York, PA.

For ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent: Todd J. Cochran, Esq., OIL, Jeff Sessions, Esq., Mona M. Yousif, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC.

Before: JORDAN, ROTH, Circuit Judges and STEARNS[*], District Judge.

OPINION[**]

STEARNS, District Judge.

Petitioner Andres Caal-Mo appeals a ruling of the Board of Immigration Appeals (BIA) affirming an Immigration Judge's (IJ) determination that he is ineligible for relief under the Convention Against Torture (CAT)1 We discern no error.

Page 144

I. Background

Caal-Mo, a citizen of Guatemala, entered the United States illegally in April of 2007. On December 5, 2012, the Department of Homeland Security (DHS) ordered him to appear before an Immigration Judge. On November 5, 2013, petitioner appeared with counsel and conceded removability; however, he applied for asylum, withholding of removal, and a deferral of removal under CAT. Caal-Mo's application for protection was based on a series of apparently threatening letters, text messages, and telephone calls received by Caal-Mo and his girlfriend from unknown persons in Guatemala.

On March 10, 2016, the IJ entered an oral decision denying Caal-Mo's applications and ordering his removal to Guatemala. With respect to the CAT claim (the only issue raised in this appeal), the IJ found that...

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