United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3303 ___________________________ Akoi Samolu lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ___________________________ No. 18-3694 ___________________________ Akoi Samolu lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: September 3, 2019 Filed: October 8, 2019 [Unpublished] ____________ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. ____________ PER CURIAM. In these consolidated matters, Liberian citizen Akoi Samolu petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from the decision of an immigration judge (IJ), which denied asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Having jurisdiction under 8 U.S.C. § 1252, this court finds no basis for reversal. Samolu was admitted to the United States as a lawful permanent resident in September 2015. In June 2016, a Minnesota court issued a two-year order of protection to Samolu’s mother and sister, who were in immediate danger of domestic abuse from Samolu, and enjoined him from going near or entering their residence, or contacting them. In December 2017, Samolu pled guilty to violating the protection order. The Department of Homeland Security served him with a Notice to Appear (NTA), charging him with being removable. See 8 U.S.C. § 1227(a)(3)(E)(ii) (“[a]ny alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury” is deportable). Samolu admitted the charge in the NTA and applied for asylum, withholding of removal, and relief under CAT based on his membership in the National Patriotic Front of Liberia (NPFL), the assault and torture by members of the Liberian Drug -2- Enforcement Agency (LDEA), and a fear of persecution as a gay man and gay rights activist. At his hearing, Samolu claimed he was assaulted by LDEA agents and injured so severely he required hospitalization. Samolu offered inconsistent dates for his activities and the threats against him, conflicting sources of those threats, contradictory descriptions of his participation in the NPFL, and conflicting details of the attack by LDEA agents. His descriptions of the resulting injuries and treatment were contradicted by the medical record and found implausible by the IJ. Samolu stated he has a girlfriend in Liberia with whom he has a child and a continuing relationship. He also testified he is a gay man who has had sexual relationships with men, and was a gay rights activist. Samolu called himself a “swinger.” Based on Samolu’s demeanor, responsiveness, his many inconsistent and contradictory statements, the totality of the circumstances, and lack of corroborating evidence to support his claims, the IJ found Samolu totally unreliable and his testimony not credible. The IJ concluded that Samolu “can’t keep it straight” and “appeared to be ...
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