FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS December 30, 2019 Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court _________________________________ ADAMA HEUREUX MATUMONA, a/k/a Nikuna Adao, Petitioner, v. No. 18-9579 WILLIAM P. BARR, United States Attorney General, Respondent. NEW MEXICO IMMIGRANT LAW CENTER; SANTA FE DREAMERS PROJECT; AMERICAN IMMIGRATION LAWYERS ASSOCIATION; STEVEN R. ABRAMS; JEFFREY S. CHASE; TEOFILO CHAPA; GEORGE CHEW; BRUCE J. EINHORN; CECELIA M. ESPENOZA; NOEL FERRIS; JOHN F. GOSSART, JR.; MIRIAM HAYWARD; REBECCA JAMIL; CAROL KING; ELIZA KLEIN; ELIZABETH A. LAMB; MARGARET MCMANUS; CHARLES PAZAR; GEORGE PROCTOR; LAURA RAMIREZ; JOHN W. RICHARDSON; LORY D. ROSENBERG; SUSAN ROY; PAUL W. SCHMIDT; WILLIAM VAN WYKE; GUSTAVO D. VILLAGELIU; POLLY WEBBER, Retired Immigration Judges and Former Members of the Board of Immigration Appeals, Amici Curiae. _________________________________ Petition for Review from the Board of Immigration Appeals _________________________________ Tassity Johnson (Matthew E. Price, Jenner & Block LLP, Washington, D.C., and Keren Zwick andTania Linares Garcia, National Immigrant Justice Center, Chicago, IL, with her on the briefs), Jenner & Block LLP, Washington, D.C., for Petitioner. Remi Da Rocha-Afodu, Trial Attorney (Joseph H. Hunt, Assistant Attorney General, Civil Division, and Mary Jane Candaux, Assistant Director, Office of Immigration Litigation, with her on the brief), U.S. Department of Justice, Washington, D.C., for Respondent Nicole C. Henning, Jones Day, Chicago, Illinois, filed an Amici Curiae brief for the New Mexico Immigrant Law Center, Santa Fe Dreamers Project, and American Immigration Lawyers Association, in support of Petitioner. Jean-Claude André and Katelyn N. Rowe, Sidley Austin LLP, Los Angeles, California, filed an amici curiae brief for Retired Immigration Judges and Former Members of the Board of Immigration Appeals, in support of Petitioner. _________________________________ Before LUCERO, HARTZ, and MATHESON, Circuit Judges. _________________________________ HARTZ, Circuit Judge. _________________________________ Petitioner Adama Matumona is a native and citizen of the Democratic Republic of the Congo (DRC). He petitions for review of the decision of the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of removal. Regarding asylum, Petitioner argues that the BIA (1) erred in determining that he had firmly resettled in Angola, which barred him from applying for asylum, and (2) engaged in improper factfinding in determining he was ineligible for an exception to the firm- resettlement bar. On withholding of removal, he argues that the BIA improperly rejected his claims of past persecution and a well-founded fear of future persecution. Petitioner 2 also contests the BIA’s determination that his due-process rights and his statutory right to a fair hearing were not violated by the failure of the immigration judge (IJ) to adequately develop the record and to implement appropriate safeguards for a pro se litigant detained in a remote facility. Exercising jurisdiction under 8 U.S.C. § 1252(a), we affirm on all issues except that we remand to the BIA to consider Petitioner’s claim that he is entitled to withholding of removal because of the alleged pattern or practice of the DRC government of persecuting persons with Petitioner’s political views. ...
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