Manuel Alvalleros-Arevalo v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A094-218-577. Copies to all parties and the district court/agency. [999652661].. [15-1059]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1059

MANUEL ALVALLEROS-AREVALO, a/k/a Manuel Dejesus Alvarado,
a/k/a
Manuel
Dejesus
Alvayero
Arevalo,
a/k/a
Manuel
Alvallero,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.

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

Submitted:

August 17, 2015

Decided:

September 2, 2015

Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jay S. Marks, LAW OFFICES OF JAY S. MARKS, LLC, Silver Spring,
Maryland, for Petitioner.
Benjamin C. Mizer, Principal Deputy
Assistant Attorney General, Ernesto H. Molina, Jr., Assistant
Director, Anthony P. Nicastro, Senior Litigation Counsel, Office
of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Manuel Alvalleros-Arevalo (Arevalo), a native and citizen
of El Salvador, petitions for review of an order of the Board of
Immigration Appeals dismissing his appeal from the Immigration
Judge’s order denying his applications for asylum, withholding
of removal, and protection under the Convention Against Torture.
We deny the petition for review.
Arevalo disputes the conclusion that he failed to qualify
for

the

relief

of

withholding

of

removal.

“Withholding

of

removal is available under 8 U.S.C. § 1231(b)(3) [(2012)] if the
alien shows that it is more likely than not that [his] life or
freedom would be threatened in the country of removal because of
[his] race, religion, nationality, membership in a particular
social group, or political opinion.”

Gomis v. Holder, 571 F.3d

353, 359 (4th Cir. 2009) (internal quotation marks omitted);
see 8

U.S.C.

conclude

§ 1231(b)(3).

that

determination
probability
ground.
the

of

substantial
that

Arevalo

future

We

have

evidence
failed

persecution

reviewed
supports
to

on

the

record

the

demonstrate

account

of

a

and

agency’s
a

clear

protected

Because the evidence does not compel us to conclude to

contrary,

we

uphold

the

denial

of

relief.

See

Gomis,

571 F.3d at 359-60.
We also uphold as supported by substantial evidence the
finding below that Arevalo did not demonstrate that it is more
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likely

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than

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not

that

he

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would

be

tortured

if

removed

to

El Salvador so as to qualify for protection under the Convention
Against Torture.

8 C.F.R. § 1208.16(c)(2) (2014).

We accordingly deny the petition for review.

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

this

court

and

argument would not aid the decisional process.
PETITION DENIED

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