ALD-133 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-1402 ___________ ABIODUN IDRIS, AKA Micheal Ojogiwa, AKA Oluwahola Ademole, AKA Abiodun Ioris, AKA Oluwashhola Ademola, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A216 288 842) Immigration Judge: John P. Ellington ____________________________________ Submitted on a Motion for Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 March 5, 2020 Before: MCKEE, SHWARTZ and PHIPPS, Circuit Judges (Opinion filed: April 28, 2020) _________ 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. Abiodun Idris petitions for review of an order of the Board of Immigration Appeals (“BIA”), which affirmed the Immigration Judge’s (“IJ”) removal order. Because the petition presents no substantial question for review, we will grant the Government’s motion for summary action. Idris grew up in Lagos, Nigeria. After traveling in Africa for two years, he entered the United Kingdom in 1985 and remained there for seven years. He claimed that he entered the United States in 1993 on the Visa Waiver Program, using a British passport. Idris was convicted on forgery charges in 1995 and 1997, and fraud in 2017, which involved the attempted use of a fake Nigerian passport at a bank on the University of Pennsylvania campus. The Department of Homeland Security issued a Notice to Appear, alleging that Idris was present in the U.S. without being admitted or paroled in violation of 8 U.S.C. § 1182(a)(6)(A)(i). The IJ sustained the charge, but Idris applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). In his I-589 Application for Asylum and Withholding of Removal filed in April 2018, he alleged past persecution and fear of future persecution based on his mother’s conversion to Christianity and his ethnicity as a Yoruba. A.R. 352-62. He did not mention sexual orientation in the asylum application. After later conferring with counsel, he submitted a personal declaration to support his application in late July 2018, detailing alleged past incidents of persecution based on his sexual orientation. A.R. 284-87. Idris appeared pro se at a merits hearing before an IJ in August 2018. He testified about two attacks by gangs in Nigeria, the treatment by his parents, and his alleged injuries. He 2 also maintained that, although he used a U.K. passport to enter the U.S., it was false, and he had no legal status in the U.K. Under questioning by the IJ, however, Idris admitted that he had applied for the British passport and that the government had issued it to him. After the hearing, the IJ made a negative credibility finding based on Idris’ testimony, submitted documents, and past fraudulent actions and crimes concerning his own identity. A.R. 67. The IJ denied Idris’ asylum application as untimely, and all other applications for relief based on the adverse ...
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