Koffi v. Garland


Appellate Case: 21-9535 Document: 010110613171 Date Filed: 12/02/2021 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 2, 2021 _________________________________ Christopher M. Wolpert Clerk of Court MIKAEL DJUE KOFFI, Petitioner, v. No. 21-9535 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, MORITZ, and ROSSMAN, Circuit Judges. _________________________________ Mikael Djue Koffi is a native and citizen of Côte d’Ivoire (Ivory Coast). An Immigration Judge (IJ) denied his application for asylum, statutory withholding of removal, and withholding of removal under the Convention Against Torture (CAT), and ordered his removal to Ivory Coast. The Board of Immigration Appeals (BIA) dismissed his appeal of the IJ’s decision, and Koffi has filed a petition for review. Exercising jurisdiction under 8 U.S.C. § 1252(a), we deny the petition for review. * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 21-9535 Document: 010110613171 Date Filed: 12/02/2021 Page: 2 I. BACKGROUND Koffi entered the United States in January 2018 on a valid student visa. The Department of Homeland Security served him with a notice to appear before an IJ because he failed to comply with his visa requirements. Before the IJ, Koffi applied for asylum, withholding of removal, and CAT withholding, asserting past harm and the threat of future harm based on an imputed political opinion. At a hearing before the IJ, Koffi explained that there was an attempted military mutiny in Ivory Coast in January 2017, and his uncle, a military colonel, was detained and questioned about it. His uncle was released and then decided to leave the country. He asked Koffi to stay at his home and take care of it. While Koffi was staying at his uncle’s home, the police came to search it. Koffi cooperated in the search. The police found a box of weapons and asked Koffi if he was in the military. Koffi gave them his identification card and said he did not know anything about the weapons. The police slapped him and pushed him to the ground, injuring his arm, and possibly dislocating it. They took him to the police station and kept him in jail for about a week, questioning him about his uncle and his uncle’s soldiers. At the jail, someone “who knew something about medicine” looked at Koffi’s arm. Admin. R. at 102. The republican guard then detained Koffi in a different jail for a week, where he was beaten every day, questioned about …

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