Cabrera-Colunga v. Attorney General United States of America, 082018 FED3, 17-3816

Docket Nº:17-3816
Opinion Judge:NYGAARD, CIRCUIT JUDGE.
Party Name:FRANCISCO JAVIER CABRERA-COLUNGA, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, 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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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NOT PRECEDENTIAL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

On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A205-135-135) Immigration Judge: Rosalind K. Malloy

Before: SHWARTZ, NYGAARD, and RENDELL, Circuit Judges

OPINION [*]

NYGAARD, CIRCUIT JUDGE.

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 (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 while still an adolescent to join the military. Another gang (the Zetas) did not exist until after Cabrera-Colunga was in the United States. But he says the Zetas are known to seek out former military persons and coerce them to join.3 He is convinced both gangs will more likely than not pursue him if he returns to Mexico and harm him and his family when he refuses to join. The evidence, however, does not compel this conclusion.

He testified only that a gang leader approached him and his family on different occasions after he left the gang, making...

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