NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT TRESOR DIRAISON TENE TEKOUNGA, No. 19-70131 AKA Tresor Diraison Tene Takounga, Agency No. A213-086-836 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 5, 2020** Pasadena, California Before: NGUYEN, HURWITZ, and FRIEDLAND, Circuit Judges. Tresor Diraison Tene Takounga, a native and citizen of Cameroon, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of an Immigration Judge (“IJ”) denying asylum, withholding of removal, and protection under the Convention Against Torture * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (“CAT”). Tene Takounga claims that he was persecuted in Cameroon, and fears future persecution if removed, on account of his Anglophone identity and his political opinion in support of Anglophone teachers’ grievances. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review. 1. Substantial evidence supported the IJ’s adverse credibility finding. See Kin v. Holder, 595 F.3d 1050, 1054 (9th Cir. 2010). Tene Takounga’s statements were inconsistent with respect to the timing of his ankle injury. In a credible fear interview, Tene Takounga stated that his ankle was broken during his first arrest. He made a similar claim in a separate declaration. However, he testified before the IJ that he did not sustain any injuries during his first arrest and that his ankle was injured during his second arrest. Further, a reasonable adjudicator would not be compelled to find that Tene Takounga’s testimony was consistent with the affidavit of his friend. See Almaghzar v. Gonzales, 457 F.3d 915, 920 (9th Cir. 2006). Tene Takounga testified that he stayed with a friend in Bamenda, the location of the teachers’ strike, for a period of approximately three months between December 2016 and February 2017, but the friend’s affidavit stated that Tene Takounga visited “in the month of December 2016 precisely on December 18th.” 2. The court lacks jurisdiction to consider the argument that the IJ did not allow Tene Takounga an opportunity to provide corroborating evidence because he 2 did not raise the argument to the BIA. See Vargas v. U.S. Dep’t of Immigration & Naturalization, 831 F.2d 906, 907–08 (9th Cir. 1987). 3. In light of the IJ’s adverse credibility finding, substantial evidence supported the IJ’s conclusion that Tene Takounga was not likely to be tortured if removed. See Almaghzar, 457 F.3d at 922. Tene Takounga has not established that he was tortured in the past. Nor has he established a sufficient likelihood of torture in the future: despite his proffered evidence that Anglophones (especially in Anglophone regions) have reportedly faced arrest and cruel treatment, including torture, ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals