NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

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No. 16-4310

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GERMAN CHAJCHIC,

 Petitioner

v.

ATTORNEY GENERAL UNITED STATES OF AMERICA

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On Petition for Review of an Order of the 

Board of Immigration Appeals

(Agency No. A073-530-558)

Immigration Judge: Honorable Kuyomars Q. Golparvar

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Submitted Under Third Circuit L.A.R. 34.1(a)

September 7, 2017

Before: CHAGARES, JORDAN, and HARDIMAN, Circuit Judges.

(Filed: September 11, 2017)

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OPINION*

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* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does 

not constitute binding precedent.
2

HARDIMAN, Circuit Judge.

German Chajchic petitions for review of an order of the Board of Immigration 

Appeals denying his application for deferral of removal under the Convention Against 

Torture. For the reasons that follow, we will deny the petition.

I

A native and citizen of Guatemala, Chajchic entered the United States as a refugee

in 1993 and became a lawful permanent resident in 2001. While living in the United 

States, Chajchic joined the Ñetas criminal gang and was arrested following a 2003 

shootout with members of the MS-13 gang. Chajchic cooperated with authorities and 

testified that he was the driver during a 2001 murder of an MS-13 member.

In May 2013, Chajchic was convicted of conspiracy with intent to distribute a 

controlled substance and was placed into removal proceedings as an aggravated felon

under 8 U.S.C. § 1227(a)(2)(A)(iii). Chajchic conceded removability but applied for

deferral of removal under the Convention Against Torture (CAT). Chajchic claimed that 

upon repatriation he would be killed by MS-13 gang members and that the Guatemalan 

authorities would acquiesce in his killing. The Immigration Judge (IJ) denied Chajchic’s

application and the Board of Immigration Appeals (BIA) affirmed.
3

II1

The IJ and BIA had jurisdiction under 8 C.F.R. § 1208.31(e). Typically, we have 

jurisdiction to review final orders of removal under 8 U.S.C. § 1252(a)(1). Because 

Chajchic is removable as an aggravated felon, however, we lack jurisdiction over his 

appeal except as to constitutional and legal questions. 8 U.S.C. § 1252(a)(2)(C)–(D). 

To be entitled to relief under the CAT, Chajchic had to show, among other things, 

that it was likely that he would have been the victim of an intentional act causing severe

pain or suffering. See Pieschacon-Villegas v. Att’y Gen., 671 F.3d 303, 310 (3d Cir. 

2011). Chajchic contends that this act would come at the hands of MS-13 gang members

in Guatemala. The IJ saw it differently, finding that MS-13 would not carry out such an 

act because the gang would not be “interested in something that occurred over 15 years 

ago” and would not “even learn of [Chajchic’s] deportation.” App. 18. These are findings

of fact which we have no jurisdiction to review. See Huang v. Att’y Gen., 620 F.3d 372, 

382 (3d Cir. 2010).

2

Chajchic argues that the IJ and BIA committed legal error in making these

findings by “omitt[ing] significant unrefuted credible material evidence—specifically the 

 

1 Because the BIA adopted and affirmed the IJ’s decision, “we have authority to 

review both decisions.” Hanif v. Att’y Gen., 694 F.3d 479, 483 (3d Cir. 2012).

2 The IJ also noted that, even if MS-13 did target Chajchic, there had been no 

showing “that the government [of Guatemala] would turn a blind eye to any harm he may 

face.” App. 18. We have considered all of Chajchic’s arguments related to this finding 

and find them unmeritorious.
4

expert witness Dr. Kirkland’s report and testimony.” Chajchic Br. 1. While the IJ and 

BIA could have erred by failing to consider “all evidence relevant to the possibility of 

future torture,” Pieschacon-Villegas, 671 F.3d at 313 (quoting 8 C.F.R. § 208.16(c)(3)), 

no such error occurred here. The IJ summarized Dr. Kirkland’s testimony at length in his 

oral decision, and specifically noted parts of that testimony when making factual 

findings. We are thus convinced that the IJ “considered all of the evidence of record,” 

which is “all that is required.” Green v. Att’y Gen., 694 F.3d 503, 509 (3d Cir. 2012) 

(alterations omitted).

Because we lack jurisdiction to review these findings of fact and perceive no legal

error, Chajchic’s claim for relief under the CAT fails. We need not reach his other 

arguments. See Tarrawally v. Ashcroft, 338 F.3d 180, 188 n.10 (3d Cir. 2003).

3

* * *

We will deny Chajchic’s petition for review. 

 

3 Chajchic also argues that “the IJ and BIA failed to aggregate the probabilit[ies]” 

of independent events when finding that MS-13 would not pursue him or know of his 

arrival. Chajchic Br. 37. We see no evidence of this in the agency’s opinions. See 

Kamara v. Att’y Gen., 420 F.3d 202, 212 (3d Cir. 2005) (“Agency action is entitled to a 

presumption of regularity, and it is the petitioner’s burden to show that [an error 

occurred].”).