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Chilel v. Holder

United States Court of Appeals, Eighth Circuit

March 10, 2015

Carlos Juarez Chilel, Petitioner
v.
Eric H. Holder, Jr., Attorney General of the United States, Respondent

Submitted December 10, 2014

Page 851

Petition for Review of an Order of the Board of Immigration Appeals.

For Carlos Juarez Chilel, Petitioner: Khanh Ngoc Nguyen, Bloomington, MN.

For Eric H. Holder, Jr., Attorney General of the United States, Respondent: Karen Yolanda Drummond, Virginia Lum, Carl H. McIntyre, David Schor, Trial Attorney, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC.

Before BYE, SMITH, and KELLY, Circuit Judges.

OPINION

Page 852

KELLY, Circuit Judge.

Carlos Juarez Chilel, a native and citizen of Guatemala, petitioned for asylum under 8 U.S.C. § 1158(a)(1), withholding of removal under 8 U.S.C. § 1231(b)(3)(A), and relief under the Convention Against Torture (CAT) pursuant to 8 C.F.R. § 1208.16(c). The Immigration Judge (IJ) denied his asylum petition as untimely and denied his requests for withholding of removal and for CAT relief on the merits. The Board of Immigration Appeals (BIA) affirmed the IJ's decision. Juarez Chilel seeks review. We deny his petition.

I. Background

Juarez Chilel was born on April 23, 1986, in San Antonio, Guatemala. In 2008, he was living in Guatemala City, Guatemala, during which time he was threatened by a local gang and stabbed in the arm when he refused to join the gang. He informed the police about the incident, but he did not seek medical treatment for his injured arm. Juarez Chilel left Guatemala City two or three days after the incident and returned to his hometown of San Antonio. He stayed in San Antonio for several months before entering the United States in September 2009.

On May 4, 2010, Juarez Chilel was taken into the custody of the Immigration and Customs Enforcement agency after being arrested and charged with providing false information and having forged identification. He appeared before the IJ on November 8, 2010, where he conceded he was subject to removal. He thereafter filed an application for asylum, withholding of removal, and protection under the CAT. After he submitted a written application for relief, a second hearing was held before the IJ on July 19, 2012.

At this second hearing, Juarez Chilel testified about his altercation with the gang in ...


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