Eric Danso v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 17-1370 ____________ ERIC DANSO, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent __________________________________ On a Petition For Review of an Order of the Board of Immigration Appeals (Agency No. A208-920-948) Immigration Judge: Leo A. Finston __________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) May 15, 2017 Before: GREENAWAY, JR., GREENBERG and ROTH, Circuit Judges (Opinion filed: June 19, 2018) ____________ OPINION* ____________ PER CURIAM Eric Danso petitions for review of the Board of Immigration Appeals’ final order of removal. For the reasons that follow, we will deny the petition for review. * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Danso, a native and citizen of Ghana, is removable under 8 U.S.C. § 1182(a)(7)(A)(i)(I), as an alien who is not in possession of a valid, unexpired visa or passport. Danso crossed the border at San Ysidro, California in January, 2016. After he expressed to immigration officials that he feared returning to Ghana, he was taken into the custody of the Department of Homeland Security, pending a credible fear interview with an asylum officer. At his credible fear interview, Danso stated that he inherited his grandfather’s cocoa farm in Ghana, and this angered his uncle because there was gold on the farm that could be mined. Danso explained that his uncle told him to give up the farm, and that his uncle threatened to kill him when he refused to do so. Danso further stated that his uncle was a fetish priest and had attempted to kill him using a deadly powder. Danso stated that he feared returning to Ghana because his uncle would again attempt to kill him. Danso added that his uncle was a member of the ruling political party, the National Democratic Congress (“NDC”), so the Ghanaian government and police would not protect him from his uncle. The asylum officer determined that Danso had established that there was a significant possibility that the assertions underlying his claims could be found to be credible in a full asylum hearing; and that such assertions also established a credible fear of torture. The asylum officer noted, however, that Danso’s fear bore no nexus to a protected ground. Following the asylum officer’s credible fear determination, Danso was placed in removal proceedings. Danso applied for asylum, withholding of removal, and protection under the Convention Against Torture, and submitted supporting materials, claiming that he was 2 the victim of political persecution in Ghana at the hands of the NDC. At his removal hearing in Immigration Court on August 10, 2016, Danso testified that he was thirty- seven years old, and that he was married with two children. He testified that he belonged to the New Patriotic Party (“NPP”), the main opposition party in Ghana. He said that his father, James Agyare, was also a member of the NPP, and that party meetings were held in his father’s house ...

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