Edwin Peraza v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 18-2214 ______________ EDWIN ADONIS PERAZA, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A206-773-442) Immigration Judge: Kuyomars Q. Golparvar ______________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) July 12, 2019 ______________ Before: SHWARTZ, KRAUSE, and FUENTES, Circuit Judges. (Filed: July 12, 2019) ______________ OPINION* ______________ SHWARTZ, Circuit Judge. * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. Edwin Adonis Peraza petitions for review of the Board of Immigration Appeals’ (“BIA”) order (1) holding that the Immigration Judge (“IJ”) did not violate his constitutional right to due process, and (2) affirming the IJ’s denial of his asylum application. For the reasons that follow, we will deny the petition. I Peraza is a native and citizen of El Salvador. Peraza and his mother arrived in the United States without inspection in 2014, when he was almost fifteen years old. He was charged as a removable alien. He conceded removability and applied for, among other things, asylum. The Department of Homeland Security subsequently detained Peraza in a juvenile facility.1 Peraza amended his asylum application and appeared for a merits hearing before the IJ in 2017. He testified that he feared returning to El Salvador for several reasons. First, beginning when he was about thirteen, members of the M-18 gang threatened him because he refused to join them, and the gang killed his cousin who also refused to join. Second, the gang threatened and attacked Peraza including: one time when he was playing soccer and two gang members approached him and hit and scratched him before he was able to escape; various occasions when members threw rocks and threatened him on his way to and from school; and several instances where gang members passed his 1 While his applications for relief were pending, the New York State Family Court, Suffolk County, adjudicated Peraza a juvenile delinquent on a weapons charge and sentenced him to two years’ probation. Immigration authorities thereafter detained him in Pennsylvania, and his immigration case was transferred from New York to Pennsylvania. Law students, under the supervision of Drexel Law School faculty, handled Peraza’s merits hearing. 2 house and threatened to kill or beat him. Third, Peraza’s mother helped to look for the body of his cousin when he was kidnapped by member of M-18. She was present when the police identified the body so he believed people would think that she cooperated with the police against the gang, and the gang subsequently called her demanding that she pay or give Peraza to the gang. Fourth, after Peraza arrived in the United States, a gang member sent him a Facebook message threatening to kill him. Finally, Peraza got a number of tattoos in the United States and he testified that gangs and police in El Salvador would assume that ...

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