Iwayemi Ogunsanya v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 20-2598 _____________ IWAYEMI EMMANUEL DAMILOLA OGUNSANYA, a/k/a Iwayemi Ogunsanya, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _____________ On Petition for Review of a Decision of the Board of Immigration Appeals (Agency No. A201-938-460) Immigration Judge: Mirlande Tadal _____________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) April 12, 2021 _____________ Before: CHAGARES, JORDAN and SCIRICA, Circuit Judges. (Filed: May 18, 2021) _____________________ OPINION _____________________ CHAGARES, Circuit Judge.  This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Iwayemi Emmanuel Damilola Ogunsanya petitions for review of an order of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of his application for withholding of removal. For the following reasons, we will deny the petition for review. I. We write only for the parties, so our summary of the facts is brief. Ogunsanya is a native and citizen of Nigeria. He first entered the United States in November 2017 on a tourist visa that allowed him to stay in the country for six months. Ogunsanya overstayed his visa, was detained in September 2019, and placed into removal proceedings immediately thereafter. Ogunsanya appeared before the IJ in February 2020, where he conceded his removability and that any application for asylum would be untimely. He did, however, maintain his applications for withholding of removal and protection under the Convention Against Torture. In support of his application, Ogunsanya claimed he had been persecuted for his Christian beliefs in Nigeria and testified about his fear that he would face religious persecution if he returned there. This testimony centered around two incidents — one in 2015 one in 2017. In 2015, Ogunsanya testified, he had been proselytizing with members of his church on the streets of Lagos, Nigeria’s largest city. It was there that a group of what Ogunsanya described as religiously-motivated Muslims attacked his church group with verbal harassment, stones, and wooden planks. The assault lasted about ten minutes 2 before another group of Christians arrived to dispel the attackers, but in that time, Ogunsanya suffered dislocated joints in his arm. Ogunsanya was hospitalized for several days afterwards. The 2017 incident occurred when Ogunsanya was a college student living in a hostel about 90 minutes from his home in Lagos. He testified that at around 9:00 p.m. one evening in June, he observed a group of ethnically Fulani Muslim gunmen in the settlement where the hostel was located. The gunmen began shooting Christians in the settlement, so to avoid them, Ogunsanya left the hostel through the back door and hid behind nearby bushes for several hours. He escaped unharmed, but later learned that several villagers had been killed or kidnapped in the attack. Ogunsanya testified that he then remained in Lagos for several months before he left for the United States on a tourist visa. He further testified that he feared anti-Christian persecution because of his middle name “Emmanuel” …

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