Jumaev v. Garland

Appellate Case: 21-9513 Document: 010110703118 Date Filed: 06/29/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 29, 2022 _________________________________ Christopher M. Wolpert Clerk of Court BAKHTIYOR JUMAEV, Petitioner, v. No. 21-9513 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, BALDOCK, and PHILLIPS, Circuit Judges. _________________________________ Bakhtiyor Jumaev, a native of the former Soviet Union and a citizen of Uzbekistan, petitions for review of a Board of Immigration Appeals (BIA) opinion upholding an Immigration Judge’s denial of his application for deferral of removal under the Convention Against Torture (CAT).1 Exercising jurisdiction under * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. 1 Mr. Jumaev does not contest the denial of his requests for asylum and withholding of removal, so we do not address those claims. See United States v. Appellate Case: 21-9513 Document: 010110703118 Date Filed: 06/29/2022 Page: 2 8 U.S.C. § 1252(a), we deny the petition. BACKGROUND In April 2000, Mr. Jumaev, then thirty-three years old, left his wife and children in Uzbekistan and entered the United States on a tourist visa. He relocated to Philadelphia from New York without informing immigration authorities, and he remained in the United States after his visa expired in October 2001. In December 2009, Mr. Jumaev met Jamshid Muhtorov, a Denver resident and a fellow Uzbek. The two men had similar backgrounds, including their Muslim faith and shared interest in the Islamic Jihad Union (IJU), a designated foreign terrorist organization. In February 2010, the Department of Homeland Security (DHS) served Mr. Jumaev with a notice to appear, charging him with removability for failure to comply with the limits of his permissible stay, 8 U.S.C. § 1227(a)(1)(B), and for failing to notify the Attorney General of his change of address, id. § 1227(a)(3)(A). Mr. Jumaev was placed in detention but was released on a $3,500 bond after friends and acquaintances raised the funds, with Mr. Muhtorov contributing $500. When Mr. Jumaev was released from custody, he called Mr. Muhtorov and thanked him. They “developed a long-distance friendship” and communicated frequently about “a wide variety of topics,” including the IJU, the history of terrorist Channon, 881 F.3d 806, 811 n.7 (10th Cir. 2018) (noting arguments not raised in the briefs are waived). 2 Appellate Case: 21-9513 Document: 010110703118 Date Filed: 06/29/2022 Page: 3 organizations, and related propaganda videos they found online. Admin. R., vol. 1 at 1016. Federal authorities intercepted some of their communications during …

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