NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-3510 ___________ LUIS FELIPE MENENDEZ MARROQUIN, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A206-523-359) Immigration Judge: David W. Crosland ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) July 21, 2021 Before: GREENAWAY, JR., KRAUSE and BIBAS, Circuit Judges (Opinion filed: November 22, 2021) ____________________________________ ___________ OPINION * ___________ PER CURIAM Luis Felipe Menendez Marroquin petitions for review of his final order of removal. We will dismiss the petition in part and deny it in remaining part. I. Marroquin is a citizen of Guatemala who entered the United States illegally in 2011. The Government charged him as removable on that basis. Marroquin (through counsel) conceded the charge but applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). He claimed to fear persecution and torture in Gua- temala on account of his political activities. In particular, Marroquin claimed that he was active in a political party referred to as the Unity Party or UNE and that he helped his uncle in his uncle’s campaign for mayor of their home town. Marroquin further claimed that his uncle dropped out of the race following threats from the rival Patriot Party. Thereafter, while Marroquin and his uncle attended a wedding in 2011, gunmen fired on the crowd and shot Marroquin four times. Marroquin attributed the shooting to the Patriot Party, but he provided no evidence to that effect and testified before the Immigration Judge (“IJ”) that he did not know who the gunmen were. Marroquin left Guatemala for the United States shortly after recovering * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 2 from his injuries. He claimed that, since he left, unidentified persons asked his mother in Guatemala for his whereabouts and she received police protection. In addition to his testi- mony on these points, Marroquin provided some letters from his mother and neighbors corroborating the 2011 shooting (though not its allegedly political dimension or Marro- quin’s alleged political activities). The IJ found Marroquin generally credible but denied his applications. First, the IJ concluded that Marroquin’s application for asylum was untimely because he did not file it within one year of entering the United States and did not show that the delay was attribut- able to extraordinary circumstances. See 8 U.S.C. § 1158(a)(2)(B), (D). Second, the IJ concluded that Marroquin failed to prove that he likely faces persecution on account of his political activities as required for his application for withholding. In that regard, the IJ concluded that Marroquin failed to offer reasonably available corroboration (such as a let- ter from his uncle) of his political activities, the allegedly political aspect of the shooting, or the threats conveyed to his mother. The IJ also noted Marroquin’s lack of awareness that the UNE has come to power …
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