ALD-112 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-2561 ___________ FABINE FOFANA, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A029-815-621) Immigration Judge: Mirlande Tadal ____________________________________ Submitted on Respondent’s Motion for Summary Action Pursuant to Third Circuit L.A.R. 27.4 and I.O.P. 10.6 March 4, 2021 Before: MCKEE, GREENAWAY, Jr., and BIBAS, Circuit Judges (Opinion filed: April 22, 2021) _________ 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. Petitioner Kabine Fofana petitions for review of a final order of removal. The Government has filed a motion for summary disposition. We grant the Government’s motion and will deny the petition for review. Fofana is a citizen of Guinea. He entered the United States in 1987. In 1990, he married a United States citizen named Kimberly Greene. Greene filed a Petition for Alien Relative on Fofana’s behalf, but the INS determined that the marriage was fraudulent and denied the petition. Fofana then began to use a friend’s United States passport to travel internationally for work, going back and forth between the United States and Africa dozens of times, including making more than 20 trips to Guinea. In 2019, Fofana was detained while reentering the United States and charged with being inadmissible for seeking fraudulent admission and for not possessing valid entry documents. See 8 U.S.C. § 1182(a)(6)(C)(i) & (a)(7)(A)(i). Through counsel, Fofana applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). At a hearing before an Immigration Judge (IJ), Fofana conceded removability and testified in support of his applications. He stated that his niece had married the son of former Guinean president Moussa Dadis Camara. Camara was the leader of a military coup who took power in December 2008; in December 2009, Camara was injured in an assassination attempt and left the country. Fofana claims that because of his relationship to Camara, the current leadership of Guinea will persecute or torture him if he is removed to that country. 2 The IJ denied all relief. The IJ determined that Fofana had not testified credibly, that she would deny asylum as a matter of discretion, and that Fofana had not made the necessary showing that he was likely to be persecuted or tortured. The Board of Immigration Appeals (BIA) affirmed that decision, explaining that Fofana had waived any challenge to the discretionary denial of asylum, that the IJ’s credibility finding was not clearly erroneous, and that Fofana had not established that he was eligible for CAT relief. The BIA also rejected Fofana’s claim that the IJ had violated his due-process rights. Fofana filed a petition for review to this Court. After Fofana filed his initial brief, the Government filed a motion for summary disposition. Fofana has filed a response in opposition. We have jurisdiction to review a final order of removal …
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