Cesar Jean Renaud v. U.S. Attorney General


USCA11 Case: 21-13886 Date Filed: 11/22/2022 Page: 1 of 8 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-13886 Non-Argument Calendar ____________________ CESAR JEAN RENAUD, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A209-385-888 ____________________ USCA11 Case: 21-13886 Date Filed: 11/22/2022 Page: 2 of 8 2 Opinion of the Court 21-13886 Before JILL PRYOR, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: Cesar Renaud, proceeding pro se before this Court, seeks re- view of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider its summary dismissal of his appeal or re- open his removal proceedings. After careful review, we dismiss in part and deny in part Renaud’s petition. I. Renaud, a native and citizen of Haiti, entered the United States without documentation in 2016. He was immediately issued a notice to appear, charging him with being removable as an immi- grant who, at the time of application for admission, was not in pos- session of a valid entry document. See 8 U.S.C. § 1182(a)(7)(A)(i)(I). Renaud, through counsel, conceded removability and sought asy- lum, withholding of removal, and protection under the United Na- tions Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). In his application and during a hearing before an immigra- tion judge (“IJ”), Renaud asserted that, while living in Haiti in 2005, he worked for a political campaign by providing would-be voters with money for transportation to polling places. He asserted that because of that activity he was brutally attacked by members of an opposition party. Thereafter, he fled to the Dominican Republic and, eventually, the United States. USCA11 Case: 21-13886 Date Filed: 11/22/2022 Page: 3 of 8 21-13886 Opinion of the Court 3 The IJ denied Renaud’s application for asylum, withholding of removal, and CAT relief. The IJ found that Renaud was not cred- ible, citing multiple internal inconsistencies in Renaud’s state- ments, significant discrepancies between Renaud’s and his spouse’s hearing testimony, and the lack of corroborating evidence of Re- naud’s political work or injuries. Given that Renaud was not cred- ible, the IJ concluded that he had failed to sustain his burden of proof to show past persecution or a well-founded fear of future per- secution and thus was ineligible for asylum. The IJ further con- cluded that Renaud could not meet his higher burden of showing eligibility for withholding of removal and had not provided any ev- idence that he would be tortured at the hands or acquiescence of the Haitian government such that he would be entitled to CAT re- lief. New counsel filed a notice of appearance to represent Re- naud in an appeal before the BIA and filed a notice of appeal of the IJ’s decision. In the counseled notice of appeal, Renaud stated that the IJ erred in denying him asylum based on past persecution or a well-founded fear of future persecution. He asserted …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals