Appellate Case: 20-9595 Document: 010110629330 Date Filed: 01/10/2022 Page: 1 FILED United States Court of Appeals Tenth Circuit PUBLISH January 10, 2022 UNITED STATES COURT OF APPEALS Christopher M. Wolpert Clerk of Court FOR THE TENTH CIRCUIT _________________________________ NKEMCHAP NELVIS TAKWI, Petitioner, v. No. 20-9595 MERRICK B. GARLAND, United States Attorney General, ∗ Respondent. _________________________________ PETITION FOR REVIEW OF AN ORDER FROM THE BOARD OF IMMIGRATION APPEALS _________________________________ Jesse Howard Witt of Frascona, Joiner, Goodman & Greenstein, Boulder, Colorado, for Petitioner. Sarah Pergolizzi, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice (Jeffrey Bossert Clark, Acting Assistant Attorney General, Civil Division, John W. Blakeley, Assistant Director, Office of Immigration Litigation, with her on the briefs), Washington, D.C., for Respondent. _________________________________ Before McHUGH, MURPHY, and ROSSMAN, Circuit Judges. _________________________________ ROSSMAN, Circuit Judge. ∗ On March 11, 2021, Merrick B. Garland became Attorney General of the United States. Pursuant to Fed. R. App. P. 43(c)(2), he has been substituted for Robert M. Wilkinson as the Respondent in this action. Appellate Case: 20-9595 Document: 010110629330 Date Filed: 01/10/2022 Page: 2 _________________________________ Nkemchap Nelvis Takwi seeks review of a decision by the Board of Immigration Appeals (BIA) dismissing his appeal from a removal order entered by an Immigration Judge (IJ) and denying his motion to remand. Exercising jurisdiction under 8 U.S.C. § 1252, we grant the petition for review. We remand this matter to the BIA because the IJ did not make an explicit adverse credibility determination, and the BIA did not afford Mr. Takwi the required rebuttable presumption of credibility. I. Background Mr. Takwi is a 36-year-old native and citizen of Cameroon. In August 2019, he came to the United States without authorization and claimed he would be persecuted if returned to Cameroon. An asylum officer conducted an interview and found Mr. Takwi had a “credible fear of persecution.” 1 Shortly thereafter, the government charged Mr. Takwi as “subject to removal” because he was a noncitizen who attempted to enter the United States without valid entry documents. 8 U.S.C. § 1182(a)(7)(A)(i)(I). In removal proceedings, Mr. Takwi applied, pro se, for asylum, withholding of removal, and protection under the Convention Against Torture, asserting persecution by the Cameroonian government based on his political opinion. 1 The term “credible fear of persecution” means “there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien’s claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum.” 8 U.S.C. § 1225(b)(1)(B)(v). 2 Appellate Case: 20-9595 Document: 010110629330 Date Filed: 01/10/2022 Page: 3 At an interim hearing on Mr. Takwi’s application, the IJ assessed Mr. Takwi’s competency, found Mr. Takwi competent to participate in removal proceedings, and allowed him to proceed pro se. At his merits hearing, Mr. Takwi claimed membership in the Southern Cameroon National Council (SCNC), a political organization that seeks independence for the Anglophone region of southern Cameroon. He testified military officials arrested him …
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