Case: 19-60138 Document: 00515628303 Page: 1 Date Filed: 11/05/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 5, 2020 No. 19-60138 Lyle W. Cayce Clerk Nyingbagha Rachel Amasioni, Petitioner, versus William P. Barr, U.S. Attorney General, Respondent. Petition for Review for an Order of the Board of Immigration Appeals BIA No. A209 862 303 Before Owen, Chief Judge, and Dennis and Haynes, Circuit Judges. Per Curiam:* Nyingbagha Rachel Amasioni, a native and citizen of Cameroon, stated that she entered the United States to escape a forced marriage. Amasioni applied for asylum under 8 U.S.C. § 1158, withholding of removal under 8 U.S.C. § 1231(b)(3), and protection under the Convention Against Torture (the “CAT”) under 8 C.F.R. § 1208.16(c). The Immigration Judge * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-60138 Document: 00515628303 Page: 2 Date Filed: 11/05/2020 No. 19-60138 (the “IJ”) denied her petition and the Board of Immigration Appeals (the “BIA”) affirmed. For the reasons below, we DENY Amasioni’s petition for review. I. Background Upon visiting her family in a different region from where she lived, Amasioni was told that she was required to marry her family’s village sub- chief due to her grandfather’s failure to pay back a loan to the sub-chief before his death. She refused and was held hostage by her uncle. She finally escaped and returned to her regular region of residence where she lived for several months. After receiving threats for her refusal and no protection from the local police, Amasioni decided to leave Cameroon. Amasioni entered the United States and applied for asylum, withholding of removal, and protection under the CAT. At Amasioni’s merits hearing concerning her application to stay in the United States, the IJ considered the evidence submitted by Amasioni and the Government, and Amasioni answered some questions from the IJ, which were unrelated to the merits of her asylum claim. At the close of the merits hearing, the IJ requested closing statements from both parties regarding one of the elements of Amasioni’s asylum claim. Amasioni’s closing statement included a report from Dr. Charlotte Walker-Said, a professor with a research focus in African history. This report described the culture of forced marriage in Cameroon and whether Amasioni could safety relocate if she were to return home. After closing statements were submitted, the IJ considered the evidence and denied Amasioni’s application. In evaluating the evidence, the IJ did not consider the Walker-Said report because it was untimely. Amasioni appealed the IJ’s decision to the BIA. She argued that the IJ erred on the merits of her application and requested a remand of her case because she received ineffective assistance of counsel. The BIA dismissed 2 Case: 19-60138 Document: 00515628303 Page: 3 Date Filed: 11/05/2020 No. 19-60138 her petition for review, concluding that the IJ did ...
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