Henry Mazariego-Corado v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 21-2866 _______________ HENRY OSVALDO MAZARIEGO-CORADO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. 205-980-547) Immigration Judge: R.K. Malloy _______________ Submitted Under Third Circuit L.A.R. 34.1(a): September 23, 2022 _______________ Before: CHAGARES, Chief Judge, McKEE and PORTER, Circuit Judges. (Filed: October 4, 2022) ______________ OPINION ∗ ______________ ∗ This disposition is not an opinion of the full Court and, under I.O.P. 5.7, is not binding precedent. PORTER, Circuit Judge. Henry Osvaldo Mazariego-Corado was kidnapped by MS-13, beaten, and held for ransom when he was in El Salvador. A year later, he entered the United States illegally. He was placed in removal proceedings. To avoid removal, he requested asylum and withholding of removal under the Immigration and Naturalization Act (“INA”), and protection from removal under the Convention Against Torture. An immigration judge ordered him removed to El Salvador, and the Board of Immigration Appeals affirmed. Mazariego-Corado petitions for review. But the agency followed the law and its findings of fact are supported by the administrative record, so we will deny his petition for review. I A1 Mazariego-Corado is a citizen and native of El Salvador. After graduating high school, Mazariego-Corado began attending the University of El Salvador in Santa Ana, studying chemistry and pharmacy. To make ends meet, he and a classmate took a side job delivering dairy products to local stores in Santa Ana. To deliver the dairy products, Mazariego-Corado had to drive through parts of Santa Ana controlled by MS-13, a violent street gang. He ran into trouble quickly. Within a week, MS-13 members stopped his delivery vehicle and demanded “rent” from him and 1 Mazariego-Corado testified credibly and corroborated his account, so “we accept his recitation of the facts as given in his affidavits and testimony.” Lukwago v. Ashcroft, 329 F.3d 157, 164 (3d Cir. 2003). 2 his classmate. Fearing the gang, Mazariego-Corado and his classmate agreed to pay the gang 180 dollars then, and 300 dollars every month. Mazariego-Corado, a practicing Catholic, was wearing a rosary around his neck that day. MS-13 gang members questioned him about the rosary, suspecting Mazariego- Corado could belong to a rival gang that “makes use of the rosary.” A.R. 170. But because Mazariego-Corado agreed to pay them, MS-13 “decided not to make an issue about the rosary.” A.R. 170. Soon enough, Mazariego-Corado realized he would be unable to meet MS-13’s extortionate demands on his meager income. He and his classmate agreed to quit their delivery jobs, hoping that MS-13 would forget about their “rent” once they quit. MS-13 remembered. Soon after he quit, Mazariego-Corado was walking home from class when two police officers kidnapped him and drove him to an abandoned building. MS-13 members were waiting for him there. They demanded five thousand dollars in ransom from his family and punched him “over and over again.” A.R. 845. They also tore his rosary …

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