Angeline Carole Nono Mbukam v. U.S. Attorney General

Case: 17-11250 Date Filed: 11/13/2017 Page: 1 of 15 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-11250 Non-Argument Calendar ________________________ Agency No. A098 739 812 ANGELINE CAROLE NONO MBUKAM, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (November 13, 2017) Before HULL, WILLIAM PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Case: 17-11250 Date Filed: 11/13/2017 Page: 2 of 15 Angeline Carole Nono Mbukam (“Nono”), a native and citizen of Cameroon, seeks review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider or reopen after it affirmed the Immigration Judge’s (“IJ”) final order of removal. Upon review, we conclude that the BIA did not abuse its discretion in denying Nono’s motion to reconsider or reopen. Accordingly, we deny the petition. I. PROCEDURAL HISTORY A. Entry to United States and Asylum Application In August 2004, Nono entered the United States on a student visa that authorized her to remain in the United States through April 2005. When her student visa expired, Nono remained in the United States and filed an I-589 application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). Nono alleged that her family did not approve of her then-husband, also a Cameroonian national, and that shortly before coming to the United States in 2004, women from her village had kidnapped and assaulted her because she refused to undergo female circumcision. The asylum officer who reviewed Nono’s application determined that she was not credible, in part because she had submitted a falsified news article in support of her application. The asylum officer further determined that Nono was ineligible for asylum and referred her to an IJ. Subsequently, the Department of 2 Case: 17-11250 Date Filed: 11/13/2017 Page: 3 of 15 Homeland Security (“DHS”) issued Nono a notice to appear (“NTA”), charging her as removable for remaining in the United States longer than her student visa permitted. Nono admitted the allegations in the NTA and conceded removability, but proceeded with her asylum application. B. First IJ Decision in 2007 & BIA Appeal in 2008 In March 2007, following a merits hearing, the IJ issued an oral decision denying Nono’s asylum application and ordering her removed to Cameroon. Based in part on her submission of the fraudulent news article, the IJ concluded that Nono’s testimony was not credible and that her asylum application was frivolous. Through new counsel, Nono appealed to the BIA, arguing that the IJ improperly concluded that her testimony was not credible and that her asylum application was frivolous. In September 2008, the BIA adopted and affirmed the IJ’s decision and dismissed her appeal. The BIA agreed with the IJ that there were “a great many problems” with Nono’s case, including her submission of the fraudulent news article. C. First Motion to Reopen & BIA Order Nono did not seek judicial review of the BIA’s September 2008 decision. ...

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