Emmanuel Obase v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 21-1942 ___________ EMMANUEL FRIDAY OBASE, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A214-894-473) Immigration Judge: Tamar H. Wilson ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) December 2, 2021 Before: RESTREPO, PHIPPS and COWEN, Circuit Judges ___________ (Opinion filed: January 19, 2022) ___________ OPINION* ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Emmanuel Obase, proceeding pro se, petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA denied his motion to reconsider its decision affirming the denial of his application for cancellation of removal and to reopen his proceedings. For the reasons discussed below, we will deny the petition for review in part and dismiss it in part for lack of jurisdiction. Obase is a native and citizen of Nigeria who was admitted to the United States in 2013 with a student visa. In 2019, the Department of Homeland Security issued a notice to appear charging that he was subject to removal for failing to comply with the conditions of the status under which he was admitted. Obase did not attend school after he arrived. Through counsel, Obase conceded that he was removable and applied for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(2), which sets forth a special rule for victims of domestic abuse. Obase married his wife, a United States citizen, in 2017. He testified that over time his wife changed and constantly demanded money from him. She did not work, used drugs, and was involved with another man. Obase testified that their relationship deteriorated, that the man threatened “to bump [him] off,” A.R. at 165, and that his wife told her brothers to break his legs. He also stated that, if he did not give his wife money, she threatened to jeopardize his work papers, which allowed him to work legally, and to tell immigration authorities that he had forced her to marry him.1 Obase stopped living 1 An application that Obase filed in 2018 for adjustment of status was referred to the fraud detection unit, although the reason for the referral is not clear. Obase stated that his 2 with his wife in June or July of 2019. In October 2019, he was arrested for allegedly assaulting her. Obase believes that his wife made up the allegations in order to get rid of him. Charges against Obase were pending in state court at the time of the hearing. The Immigration Judge (“IJ”) did not find all of Obase’s testimony credible. She found the criminal allegations against Obase questionable and believed that he did not assault his wife. The IJ, however, found the dynamics of his relationship with his wife unclear and, although she believed that his wife wanted money from him, she did not …

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