Ramos-Barrios

I. FACTUAL AND PROCEDURAL BACKGROUND

Ramos entered the United States on December 18, 2001, without being admitted or paroled. The next day, the former Immigration and Naturalization Service (“INS”) issued Ramos a Notice to Appear, charging him with inadmissibility in accordance with 8 U.S.C. § 1182(a)(6)(A)(i), and placed him in removal proceedings. On November 1, 2002, Ramos filed an application for asylum, withholding of removal, and CAT relief. He also submitted an application for special rule cancellation of removal pursuant to section 203 of NACARA. 6276 RAMOS BARRIOS v. HOLDER Ramos was the sole witness at the merits hearing before the IJ. He admitted the factual allegations and conceded inadmis- sibility. As to his claims for relief, Ramos testified that he had been threatened by a gang, or “mara,” while attending school in Guatemala.1 The gang members wanted Ramos to join the gang, but he refused. As a result, the gang members “contin- ued to threaten [him] and started to steal things from [him].” On one occasion, they cut his neck with a switchblade when he would not give them his lunch money. The gang members told him “[it] was a sign as to what could…