Appellate Case: 21-9519 Document: 010110644036 Date Filed: 02/11/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT February 11, 2022 _________________________________ Christopher M. Wolpert Clerk of Court BRUCE SIMMS LOBBAN, Petitioner, v. No. 21-9519 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. ------------------------------ BLACK LGBTQIA+ MIGRANT PROJECT; U.C. HASTINGS CENTER FOR GENDER AND REFUGEE STUDIES; LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., Amici Curiae. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, McHUGH, and CARSON, Circuit Judges. _________________________________ * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 21-9519 Document: 010110644036 Date Filed: 02/11/2022 Page: 2 Bruce Simms Lobban, a Jamaican national, petitions for review of a Board of Immigration Appeals (BIA) decision denying asylum, restriction on removal, and relief under the Convention Against Torture (CAT). Exercising jurisdiction under 8 U.S.C. § 1252, we deny the petition for review. I Lobban entered the United States in 2003 and, except for a brief departure, has remained here since. In 2009, the Department of Homeland Security (DHS) sought to remove him for overstaying his visa. See id. § 1227(a)(1)(B). He conceded the charge but for the next decade sought various forms of administrative relief, all of which were denied. DHS eventually charged him again with overstaying his visa, and once more he admitted the charge, but this time he applied for asylum, restriction on removal, and relief under the CAT.1 At a hearing before an immigration judge (IJ), Lobban described the harm he experienced in Jamaica. He told the IJ he had his “head burst open” working for the JLP political party when members of the opposing party threw rocks and sticks at him. Admin. R., vol. 1 at 177. He did not require treatment but he did need stitches after another incident in which he was stabbed in the buttocks, though the IJ noted he produced no medical reports to substantiate that injury. Lobban also testified that a police officer from the opposing political party threatened to kill him and his two friends. He indicated the same officer killed another friend, but he did not know 1 DHS also charged Lobban as removable under 8 U.S.C. § 1227(a)(2)(B)(i) for having sustained a controlled-substance offense, but he denied that charge. 2 Appellate Case: 21-9519 Document: 010110644036 Date Filed: 02/11/2022 Page: 3 why. He added that this officer also arrested him at gunpoint once and detained him at the police station for almost two months because he was a suspect in …
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