NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ Nos. 18-1750 & 18-1970 ___________ KINGSLY MENGALLE NGEDE, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A209-991-536) Immigration Judge: Honorable Walter A. Durling ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) March 1, 2019 Before: KRAUSE, SCIRICA and NYGAARD, Circuit Judges (Opinion filed March 13, 2019) ___________ OPINION* ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Kingsly Mengalle Ngede, a citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ (BIA) final order of removal. For the following reasons, we will dismiss the petition for review docketed at No. 18-1750, and deny the petition for review docketed at No. 18-1970. Ngede was paroled into the United States as an arriving alien in December 2016, and applied for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). His application was based on allegations that he was targeted by the police for participating in the Southern Cameroon National Council (SCNC), a political opposition group. In particular, Ngede alleged that the police beat and kicked him following a conference in October 2015 that he organized. After that incident, Ngede kept a low profile until February 2016, when his boss convinced him to come out of hiding. Ngede and his boss then went to the police to demand the release of the other attendees who had been arrested at the conference. Upon arrival at the police station, Ngede was arrested for organizing illegal activities. He was detained for two days in a cell with fetid water. After his release, Ngede went to the hospital, where he was diagnosed with malaria and typhoid fever, which he believes were contracted while in detention. In June 2016, the police raided the office where Ngede worked. Ngede was not there at the time and, when he learned of the raid, he left town and stayed with his brother until September 2016, when he fled Cameroon. Ngede, who was represented by counsel, appeared for a hearing before an Immigration Judge. The IJ denied relief, concluding that Ngede was not credible, 2 primarily because of inconsistencies between his testimony and affidavits from his mother and his former boss.1 With the assistance of new counsel, Ngede appealed to the Board of Immigration Appeals. The Board rejected Ngede’s explanations for the inconsistencies, concluded that the IJ’s refusal to permit his expert witness to testify did not deprive him of a fair hearing, and stated that he had waived his CAT claim by failing to pursue it in his brief on appeal. Accordingly, on November 22, 2017, the Board affirmed and adopted the IJ’s decision. Ngede did not file a petition for review. Ngede next filed a timely motion to reopen with the Board, presenting new country conditions evidence and alleging that ...
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