Chavarin-Parra v. Garland

Appellate Case: 21-9563 Document: 010110726372 Date Filed: 08/18/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT August 18, 2022 _________________________________ Christopher M. Wolpert Clerk of Court FORTINO CHAVARIN-PARRA, Petitioner, v. No. 21-9563 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, MATHESON, and EID, Circuit Judges. _________________________________ Fortino Chavarin-Parra, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the immigration judge’s (“IJ”) denial of his claim for deferral of removal under the Convention Against Torture (“CAT”). He also appeals the BIA’s decision affirming * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 21-9563 Document: 010110726372 Date Filed: 08/18/2022 Page: 2 the IJ’s denial of his motion to continue the merits hearing pending adjudication of his application for a U-visa. Exercising jurisdiction under 8 U.S.C. § 1252(a)(4), we deny the petition. I. BACKGROUND A. Prehearing Background Mr. Chavarin-Parra arrived in the United States in 1999 when he was a child. In 2017, he was charged regarding a marijuana-growing operation on federal land. The Department of Homeland Security (“DHS”) learned that he was in the country illegally and placed him in removal proceedings. In 2018, he pled guilty to conspiracy to manufacture marijuana and depredation of public land and was sentenced to 46 months in prison. See 21 U.S.C. §§ 841(a)(1), 846; 18 U.S.C. § 1361. While in prison, he applied for a U-visa with the United States Citizenship and Immigration Services.1 Following his release, DHS detained Mr. Chavarin-Parra and lodged additional charges of removability based on his criminal convictions. 1 A noncitizen who is a victim of certain crimes while in the United States may petition for U nonimmigrant status—more commonly known as a U-visa. 8 U.S.C. § 1101(a)(15)(U). A U-visa generally entitles an eligible noncitizen to lawfully remain in the United States and to seek work authorization. See id. § 1184(p)(6). To qualify, a noncitizen must demonstrate that (1) while in the United States, he suffered substantial physical or mental abuse from being a victim of certain criminal activity; (2) he has information about the criminal activity; and (3) a law enforcement official has certified that he has been, is being, or is likely to be helpful in the investigation or prosecution of the criminal activity. See id. § 1101(a)(15)(U)(i). 2 Appellate Case: 21-9563 Document: 010110726372 Date Filed: 08/18/2022 Page: 3 B. Motion to Continue …

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