Pablo Alvarez Prieto v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 19-2176 _____________ PABLO ADRIEL ALVAREZ PRIETO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent On Petition for Review of an Order of the Board of Immigration Appeals (BIA-1 : A216-282-344) Immigration Judge: John B. Carle Submitted under Third Circuit L.A.R. 34.1(a) April 22, 2020 (Opinion filed: May 21, 2020) Before: HARDIMAN, RENDELL and FISHER, Circuit Judges O P I N I O N* RENDELL, Circuit Judge: Petitioner Pablo Alvarez-Prieto (“Alvarez”) entered the United States in 2017. He was charged with removability and detained. While in detention, Alvarez filed an application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). An Immigration Judge (“IJ”) denied his applications and the Board of Immigration Appeals (“BIA”) affirmed. Alvarez now petitions for review of the order of removal. Because substantial evidence supports the BIA’s findings, we will deny Alvarez’s petition for review. I. 1 Alvarez is a Cuban national who entered the United States at the Mexican border in December 2017. Alvarez then applied to be admitted to the United States without a valid entry permit or visa. At the border, officials from the United States Customs and Border Patrol interviewed Alvarez. During the interview, Alvarez stated that he was attempting to enter the United States “[t]o make a better life for myself and this is the only place I have family” and that he had been detained “for one day only” by * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 Because we write for the parties, who are familiar with the facts and the procedural posture to date, we only include what is necessary to explain our decision. 2 government officials in his native Cuba for selling contraband. Administrative Record at 676. Alvarez was charged with removability under 8 U.S.C. § 1227(a)(7)(A)(i)(I) as an immigrant not in possession of valid entry documents. He was detained. About a month later, Alvarez was given a “credible fear” interview. In this interview, Alvarez described being detained on several occasions in Cuba for his potential affiliation with an anti- revolutionary organization, the “Ladies in White,” a group of wives and mothers of men who are held as political prisoners in Cuba. The Department of Homeland Security issued a Notice to Appear again charging Alvarez with removability under 8 U.S.C. § 1227(a)(7)(A)(i) as an immigrant not in possession of valid entry documents. 2 Alvarez then filed an application for asylum, withholding of removal, and protection under the CAT. The IJ held a hearing on the merits of Alvarez’s applications for asylum, withholding of removal, and relief under the CAT. At this proceeding, Alvarez stated that he had been detained in Cuba up to twenty times over the course of six months because of the government’s suspicion that he was affiliated with the Ladies in White. He testified that, during the detentions, he was threatened with loss ...

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