NOT RECOMMENDED FOR PUBLICATION File Name: 22a0498n.06 No. 22-3333 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ) Dec 05, 2022 BONANE MBANJIMBERE, ) DEBORAH S. HUNT, Clerk Petitioner, ) ) v. ON PETITION FOR REVIEW ) FROM THE UNITED STATES ) MERRICK B. GARLAND, Attorney General, BOARD OF IMMIGRATION ) APPEALS Respondent. ) ) Before: LARSEN, DAVIS, and MATHIS, Circuit Judges. LARSEN, Circuit Judge. The Department of Homeland Security initiated removal proceedings against Bonane Mbanjimbere. Mbanjimbere applied for asylum, withholding of removal, and protection under the Convention Against Torture. An Immigration Judge denied relief and ordered Mbanjimbere removed to the Democratic Republic of Congo. The BIA affirmed without an opinion. We DENY Mbanjimbere’s petition for review. I. Bonane Mbanjimbere was born in the Democratic Republic of Congo (DRC) in 2000. Two years later, his family fled to a refugee camp in Rwanda, where he lived until he and his family entered the United States in 2014 as refugees. Mbanjimbere’s father told him that they had fled the DRC “because of genocide against Tutsi and Banyamulenge” by the Hutus. Mbanjimbere testified that he was a member of both the Tutsi and Banyamulenge ethnic groups and speaks only Kinyarwanda. He feared that upon returning to the DRC, he would be killed because the “people in the [DRC] don’t like . . . people who speak Kinyarwanda.” No. 22-3333, Mbanjimbere v. Garland Mbanjimbere doesn’t have any family in the DRC; his aunt, uncle, and grandparents were all killed, but Mbanjimbere doesn’t know by whom. Mbanjimbere’s parents and siblings all live in the United States, apart from his older brother, who was deported approximately five years ago. Mbanjimbere doesn’t know his brother’s country of deportation. While Mbanjimbere thinks his brother is somewhere in Africa, he doesn’t know where, and no one in his family has heard from him since he was deported. Mbanjimbere was admitted to the United States as the child of a refugee, and his status was adjusted in 2016 to that of a lawful permanent resident. Mbanjimbere was convicted in Michigan juvenile court of criminal sexual conduct in the fourth degree (CSC-4th) in 2017. He was again convicted of CSC-4th in 2018, this time as an adult, when he sexually assaulted a stranger in a grocery store while the victim’s young child sat in the shopping cart. He pleaded guilty to resisting arrest in 2021 and has had several other run- ins with law enforcement over the past few years. Mbanjimbere testified that all the incidents were due to a severe alcohol problem. DHS commenced removal proceedings against Mbanjimbere in 2021 on the ground that he was removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(i) as a noncitizen who was convicted of a crime involving moral turpitude within five years after admission for which a sentence of one year or longer may be imposed (his 2018 CSC-4th conviction). Mbanjimbere conceded removability but sought relief in the form of asylum, withholding of removal, and protection under the Convention Against Torture …
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