Gonzalez Aquino v. Attorney General United States, No. 21-3317 (3d Cir. 2022)
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Gonzalez-Aquino, a citizen of the Dominican Republic and a lawful U.S. permanent resident, has been convicted of burglary, escape, theft, trespass, and more. His most recent convictions, theft and conspiracy to commit theft, were aggravated felonies. Gonzalez-Aquino sought to defer his removal under the Convention Against Torture, claiming that if he returned to the Dominican Republic, he would face threats. As a teenager, he got into a gambling dispute with a man who belonged to a well-known criminal gang. The man threatened to kill him, so he moved to the U.S.. In the U.S., Gonzalez-Aquino was arrested for murdering another Dominican. The charges were dropped, but the victim’s family threatened to kill him if he returned to the Dominican Republic.
The IJ rejected his arguments, finding that he had not shown that he would likely be tortured or that the Dominican government would acquiesce to any torture. The proceedings were not ideal: the judge used legal jargon without explanations, said little about what evidence was needed, and asked few questions. The videoconference was malfunctioning; the judge could see Gonzalez-Aquino but he could not see her. The BIA dismissed an appeal. The Third Circuit denied a petition for review. Because he is removable for committing an aggravated felony, the court lacked jurisdiction to review the Board’s factual or discretionary decisions, 8 U.S.C. 1252(a)(2)(C). Gonzalez-Aquino did not allege violation of any fundamental rights and was not prejudiced by procedural errors.
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