Bobnyonga v. Sessions

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 13, 2018 _________________________________ Elisabeth A. Shumaker Clerk of Court FRANKLINE BUMA BOBNYONGA, Plaintiff – Appellant, v. Nos. 17-9535 & 18-9519 (Petitions for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Defendant – Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, EBEL, and EID, Circuit Judges. _________________________________ Frankline Bobnyonga Buma,1 a citizen of Cameroon, entered the United States illegally and filed an application for asylum, withholding of removal, or protection under the Convention Against Torture (“CAT”). The immigration judge (“IJ”) found Mr. Buma removable and denied the application because he found Mr. Buma not credible. Mr. * Although the above-captioned appeals were procedurally consolidated, oral argument was heard only in 17-9535 on May 15, 2018. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of the petition for review filed in 18-9519. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The petition for review filed in 18-9519 is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 1 Although the caption of the case lists the appellant as Frankline Buma Bobnyonga, the record materials indicate his last name is Buma. We therefore refer to him as Mr. Buma. Buma appealed to the Board of Immigration Appeals (“BIA”), which affirmed the IJ’s ruling and dismissed Mr. Buma’s appeal. On July 25, 2017, Mr. Buma petitioned this court for review of this decision in 17-9535. Mr. Buma later filed a motion to reopen, which the BIA denied. On March 22, 2018, Mr. Buma petitioned this court for review of this decision in 18-9519. We have consolidated the two petitions for review. Exercising jurisdiction under 8 U.S.C. § 1252(a), we deny both petitions. I. BACKGROUND Mr. Buma is a native of Cameroon. He sought admission to the United States on February 29, 2016, without a valid visa or other entry document. He said he sought asylum. Shortly after, an asylum officer conducted a telephonic “credible fear” interview with Mr. Buma. The officer determined Mr. Buma had demonstrated a credible fear of persecution or torture if he were to return to Cameroon. Mr. Buma was then formally charged as removable under § 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (“INA”). He filed an application for asylum and withholding of removal2 under INA § 241(b)(3), and withholding of removal under the CAT. A. Immigration Court Proceedings The IJ found Mr. Buma removable based on his admission that he had entered the country illegally. The IJ held hearings on the application for asylum and 2 The Illegal Immigration Reform and Immigrant Responsibility Act, enacted in 1996, replaced the phrase “withholding of removal” in ...

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