NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-2016 ___________ YAOVI NOULEDO, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A062-342-118) Immigration Judge: Walter A. Durling ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) January 23, 2019 Before: MCKEE, COWEN, and ROTH, Circuit Judges (Opinion filed: February 10, 2020) ___________ OPINION * ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Yaovi Nouledo petitions for review of his final order of removal. We will deny the petition. I. Nouledo is a citizen of Togo who entered the United States as a lawful permanent resident in 2012. He has since been convicted of two crimes, but only one of them is relevant here. In 2016, Nouledo was convicted of indecent exposure to a person less than 16 years old in violation of 18 Pa. Cons. Stat. § 3127(a) and (b). 1 On the basis of that conviction, the Government charged Nouledo with removability for, inter alia, having been convicted of a “crime of child abuse” under 8 U.S.C. § 1227(a)(2)(E)(i). The Immigration Judge (“IJ”) sustained the charge. Nouledo applied for asylum, withholding of removal, and relief under the Convention Against Torture. His testimony in support of his applications was not entirely clear. In general, however, he claimed to fear persecution and torture in Togo on account of his political beliefs. In particular, he claimed that he participated in a coup in Togo in 2005 and that authorities detained and tortured him for five days as a result until he fled to Benin, where he lived before coming to the United States. The IJ denied Nouledo’s applications. The IJ concluded that Nouledo failed to corroborate his claim of having been persecuted and tortured in the past but that, even if 1 Subsection (a) defines the crime of indecent exposure, and subsection (b) is a grading provision that makes indecent exposure a first-degree misdemeanor only if the victim was less than 16 years old. Nouledo’s record of conviction shows that he pleaded guilty to and was sentenced for a first-degree misdemeanor under this statute. (A.252-53, 255.) 2 he had, the Government met its burden to show changed circumstances in Togo because the incident occurred 12 years ago and the 2016 country report states that there were no reports of political prisoners or detainees or of governmental torture. For the same reason, the IJ concluded that Nouledo failed to show that he had a well-founded fear of future persecution or that he likely faced persecution or torture in the future. Thus, the IJ ordered Nouledo’s removal to Benin and, in the alternative, to Togo. Nouledo appealed to the Board of Immigration Appeals (“BIA”), which dismissed his appeal on the merits essentially for the reasons given by the IJ. Nouledo now petitions for review. 2 II. ...
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