Lounchi v. Garland


Appellate Case: 21-9534 Document: 010110624803 Date Filed: 12/28/2021 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 28, 2021 _________________________________ Christopher M. Wolpert Clerk of Court VINCENT N. LOUNCHI, Petitioner, v. No. 21-9534 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, McHUGH, and CARSON, Circuit Judges. _________________________________ Petitioner Vincent Nkameni Lounchi is a native and citizen of the Republic of Cameroon. An Immigration Judge (IJ) denied his applications for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT) after finding his testimony lacked credibility. The Board of Immigration Appeals (BIA) dismissed his appeal, finding no clear error in the IJ’s adverse credibility determination. * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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: 21-9534 Document: 010110624803 Date Filed: 12/28/2021 Page: 2 Petitioner seeks review of the BIA’s order. Exercising jurisdiction under 8 U.S.C. § 1252, we deny the petition. BACKGROUND The Department of Homeland Security (DHS) initiated removal proceedings, alleging Petitioner was removable under 8 U.S.C. § 1182 (a)(7)(A)(i)(I), as an applicant for admission without valid entry and travel documents. He admitted the factual allegations and sought asylum, withholding of removal, and CAT relief on the ground that he fled Cameroon to escape persecution based on his political opinion. 1. Testimony and Documents Petitioner testified he joined the Southern Cameroons National Council (SCNC), a political party that advocates for the independence of southern Cameroon, in 2015, and that he fled Cameroon after being detained in harsh conditions, threatened, and beaten by gendarmes because of his of his anti-government and separatist political opinion. Petitioner testified he participated in a protest march organized by the SCNC in 2016 during which police surrounded the protesters and arrested many of them, but he escaped. He testified further that during a 2017 protest march, an officer who had arrested Petitioner for refusing to pay money at a checkpoint recognized him and told other officers to arrest him, but he eluded them. Soon thereafter, he moved to another city because he feared being arrested. Petitioner also described an incident where, one morning at about 5:30 when he was preparing to go to a 6:00 church service, he responded to a knock at the door, thinking it was his friend he was staying with. He opened the door to two officers and 2 Appellate Case: 21-9534 Document: 010110624803 Date Filed: 12/28/2021 Page: 3 tried to run back inside. The officers apprehended …

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