USCA11 Case: 20-12783 Date Filed: 02/08/2022 Page: 1 of 11 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-12783 ____________________ NKENG NJILEM JOHNSON, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A203-593-893 ____________________ USCA11 Case: 20-12783 Date Filed: 02/08/2022 Page: 2 of 11 2 Opinion of the Court 20-12783 Before JORDAN, NEWSOM, Circuit Judges, and BURKE,* District Judge. BURKE, District Judge: Nkeng Johnson, a Cameroonian native and citizen, seeks review of an order by the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ’s”) decision. The IJ denied Johnson’s application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”). After review of the record, and with the benefit of oral argument, we deny Johnson’s petition. I. Background Johnson entered the United States without valid immigra- tion documents on June 4, 2019. Four days later, a Border Patrol officer interviewed him in English without an interpreter. John- son signed a statement indicating that he understood the agent and that he had no questions about the interview. 1 Johnson was then referred for a credible fear interview with an asylum officer. 2 *Honorable Liles C. Burke, United States District Judge for the Northern District of Alabama, sitting by designation. 1 Johnson’s native language is Cameroonian Pidgin English. He says he has a limited English proficiency. 2Asylum officers conduct credible fear interviews when a person seeking entry into the United States is subject to expedited removal and he or she USCA11 Case: 20-12783 Date Filed: 02/08/2022 Page: 3 of 11 20-12783 Opinion of the Court 3 On August 1, 2019, the asylum officer tasked with interviewing Johnson wrote a memo regarding their meeting. In it, he ex- plained that he didn’t interview Johnson because Johnson an- swered his questions in Pidgin English and that no interpreter was available. On August 6, 2019, the Department of Homeland Security served Johnson with a Notice to Appear, charging him with re- movability under 8 U.S.C. § 1182(a)(7)(A)(i)(I) for not possessing valid entry documents when applying for admission to the United States. Johnson then applied for asylum, withholding of removal, and CAT relief. He based his requests on his imputed political opinion and his membership in a particular social group (Anglo- phone Cameroonians). Johnson claims he was twice arrested by the Cameroonian military. His first arrest occurred in September 2017 because he joined a protest over the Cameroonian government’s mistreat- ment of Anglophone Cameroonians. His second arrest occurred tells Customs and Border Protection that he or she wishes to apply for asy- lum, fears persecution or torture, or fears returning to his or her home coun- try. While detained by Customs and Border Patrol, the asylum seeker re- ceives information about the credible fear interview process. Ordinarily, an asylum-seeker waits 48 hours to participate in the interview, but he or …
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