735 Fed.Appx. 46 (3rd Cir. 2018), 17-3816, Cabrera-Colunga v. Attorney General United States

Docket Nº:17-3816
Citation:735 Fed.Appx. 46
Opinion Judge:NYGAARD, Circuit Judge.
Party Name:Francisco Javier CABRERA-COLUNGA, Petitioner v. ATTORNEY GENERAL UNITED STATES of America, Respondent
Attorney:Theodore J. Murphy, Esq., Murphy Law Firm, West Chester, PA, for Petitioner Kerry A. Monaco, Esq., Jeff Sessions, Esq., Thankful T. Vanderstar, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent
Judge Panel:Before: SHWARTZ, NYGAARD, and RENDELL, Circuit Judges
Case Date:August 20, 2018
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 46

735 Fed.Appx. 46 (3rd Cir. 2018)

Francisco Javier CABRERA-COLUNGA, Petitioner

v.

ATTORNEY GENERAL UNITED STATES of America, Respondent

No. 17-3816

United States Court of Appeals, Third Circuit

August 20, 2018

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) July 9, 2018

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 Board of Immigration Appeals (Agency No. AXXX-XX5-135), Immigration Judge: Rosalind K. Malloy

Theodore J. Murphy, Esq., Murphy Law Firm, West Chester, PA, for Petitioner

Kerry A. Monaco, Esq., Jeff Sessions, Esq., Thankful T. Vanderstar, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent

Before: SHWARTZ, NYGAARD, and RENDELL, Circuit Judges

OPINION[*]

NYGAARD, Circuit Judge.

Page 47

Francisco Cabrera-Colunga petitions us to review the Board of Immigration Appeals’ decision to affirm the Immigration Judge’s order that denied his application for withholding of removal, 8 U.S.C. § 1231(b)(3), and protection from removal under the regulations implementing the Convention Against Torture, 8 C.F.R. § 208.17.1 We will deny the petition.2

Withholding of removal is mandatory if "the Attorney General decides that the alien’s life or freedom would be threatened" because of a protected ground. § 1231(b)(3)(A). An alien must "establish a ‘clear probability of persecution,’ i.e., that it is more likely than not, that s/he would suffer persecution upon returning home." Valdiviezo-Galdamez v. Attorney General of the United States, 663 F.3d at 582, 591 (3d Cir. 2011) (citing Immigration and Naturalization Service v. Stevic, 467 U.S. 407, 429-30, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984) ). Cabrera-Colunga, a native of Mexico, asserts it is more likely than not that he will be forced to choose between two horrible alternatives if returned to Mexico: life in a gang or suffer violence from a gang. He left one gang...

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