Chia Wallang v. William Barr, U. S. Atty Gen

Case: 18-60512 Document: 00515073978 Page: 1 Date Filed: 08/13/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-60512 Fifth Circuit FILED Summary Calendar August 13, 2019 Lyle W. Cayce CHIA L. WALLANG, Clerk Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A209 983 004 Before BARKSDALE, HAYNES, and ENGELHARDT, Circuit Judges. PER CURIAM: * Chia Wallang, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of his application for asylum. Wallang asserts the BIA and Immigration Judge (IJ) erroneously rejected his claim of a well-founded fear of persecution. We review the final decision of the BIA, but also review the IJ’s ruling insofar as it affected the BIA’s decision. Zhu v. Gonzales, 493 F.3d 588, 593 * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. Case: 18-60512 Document: 00515073978 Page: 2 Date Filed: 08/13/2019 No. 18-60512 (5th Cir. 2007). Findings of fact, including asylum eligibility, are reviewed for substantial evidence. Sharma v. Holder, 729 F.3d 407, 411 (5th Cir. 2013). Although Wallang includes in his brief here, and makes claims regarding the 2017 United States State Department Report on Human Rights Practices in Cameroon, any assertions based on that report, which is not part of the administrative record, are not considered. See Hernandez-Ortez v. Holder, 741 F.3d 644, 647 (5th Cir. 2014). Wallang asserts he holds a political opinion that exposes him to likely persecution should he be returned to Cameroon, based on his alleged membership in the Southern Cameroon National Council (SCNC). Nevertheless, the evidence presented in the administrative record does not compel a finding under our circuit precedent that Wallang has a well-founded fear of persecution on account of any protected ground. See Sharma, 729 F.3d at 411; Eduard v. Ashcroft, 379 F.3d 182, 189 (5th Cir. 2004); see also Tanyi v. Mukasey, 262 F. App’x 640 (5th Cir. 2008) (concluding record did not compel finding of well-founded fear of persecution based on political opinion in Cameroon); Mbeng v. Gonzales, 174 F. App’x 188, 193 (5th Cir. 2006) (holding petitioner could not establish well-founded fear based on membership in SCNC because it has “hundreds of thousands of members who participate in political activity without incident or persecution”). DENIED. 2 18-60512 Court of Appeals for the Fifth Circuit ca5 5th Cir. Chia Wallang v. William Barr, U. S. Atty Gen 13 August 2019 Immigration Unpublished 32cb3f01e8a5dfefa97760662f234c820fdf4f9c

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