NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 20-2127 MOHAMED GANDORH BAH, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA On Petition for Review of a Decision of the Board of Immigration Appeals (A098-137-451) Immigration Judge: Steven A. Morley Submitted Pursuant to Third Circuit L.A.R. 34.1(a) January 28, 2021 Before: JORDAN, MATEY, Circuit Judges, and BOLTON,* District Judge (Opinion filed: March 3, 2021) OPINION Honorable Susan R. Bolton, Senior District Judge, United States District Court for the District of Arizona, sitting by designation. This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. MATEY, Circuit Judge. Mohamed Gandorh Bah petitions for review of a decision by the Board of Immigration Appeals (“BIA”) finding him removable and ineligible for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). As to most of his claims, we see no error and the remainder were not exhausted. So we will deny the petition in part and dismiss as to the rest. I. BACKGROUND Bah, a native and citizen of Sierra Leone, arrived in the United States in 2006 as an asylee, becoming a lawful permanent resident. He later pleaded guilty to participating in several counterfeiting schemes. As a result, the United States charged him with removability under 8 U.S.C. § 1227(a)(2)(A)(ii). Bah sought asylum, withholding, and protection under the CAT, all based on his fears of the Revolutionary United Front (“RUF”).1 In support of his claims, Bah explained that before their flight from Sierra Leone, RUF rebels assaulted his sister, abducted his father, and destroyed their home. Bah attributed the attack to his father’s membership in the rival Sierra Leone People’s Party (“SLPP”). He also grounded his fears in a story about his father’s death in Sierra Leone. Bah claimed the RUF murdered his father using a “voodoo spell.” (A.R. at 120–21.) But Bah was not present for his father’s passing, and he acknowledged that the death certificate 1 Bah also sought cancellation of removal, which the immigration judge (“IJ”) pretermitted because of his criminal history. 2 lists cardiac and respiratory arrest as the cause. Bah’s mother testified that she believed poisoning was responsible, but knew nothing about any voodoo spell or curse. The IJ denied Bah’s application for relief and protection in an oral decision with “a standard language addendum” to follow. (A.R. at 26–27.)2 The IJ found Bah and his mother to be credible witnesses, acknowledging their hardships. But the IJ concluded Bah did not establish past or future persecution aided by the government of Sierra Leone, and thus did not make out a case for asylum. So too with the higher burden of proof necessary for withholding of removal. For similar reasons, the IJ denied Bah’s request for protection under the CAT. The BIA affirmed the IJ’s decision without opinion. Bah timely petitioned for review.3 2 The IJ’s ruling incorporated by reference the legal standards from that addendum. 3 We have jurisdiction …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals