Académique Documents
Professionnel Documents
Culture Documents
No. 11-1699
Argued:
Decided:
PER CURIAM:
Thomas
Deczem
Cameroon.
He
was
Bassanguen
admitted
is
into
native
the
and
United
citizen
States
of
under
filed
withholding
Convention
Against
an
affirmative
of
removal,
Torture
application
and
for
protection
(CAT).
The
He
political
under
Immigration
the
Judge
an
adverse
credibility
determination,
and
the
Board
of
For the
I.
A.
In his application for relief, Bassanguen claims to be a
member of the Social Democratic Front (SDF), an opposition
party
in
Cameroon.
He
asserts
that
he
was
arrested
and
For example, he
He claimed
He
He testified that he
and
accompanied
by
his
lawyer
during
the
escape.
He
of
future
persecution
if
he
returns
to
Cameroon.
the
Cameroonian
government
has
been
made
aware
of
his
activities.
meeting
the
in
United
States
in
August
2005,
that
he
has
applications
for
asylum,
withholding
of
removal,
Bassanguen
J.A.
was
279.
not
In
support,
and
inaccuracies
inconsistencies
conjunction
sufficiently
with
credible
the
unrebutted
IJ
in
in
his
cited
the
Bassanguens
evidence
which
submitted
documents
following
evidence,
reflects
testimony.
purported
in
random
J.A. 277.
to
be
from
his
speculated
her
J.A. 274.
that
signature
his
out
of
wife
may
fear
of
have
deliberately
retaliation
by
the
because
the
document
clearly
designated
Bassanguens
that
submitted
contained
letters
from
inconsistent
an
SDF
official
information.
The
in
first
second
letter
attempted
to
correct,
but
the
second
letter
SDF
letterheads.
official
in
Cameroon,
but
were
on
different
abandoned
plan
his
to
present
Chief
Taku
as
witness,
he
realized
that
Chief
Taku
doesnt
hold
the
J.A. 377.
same
However,
J.A. 275.
contradicted
Kuissus
testimony
regarding
Chief
Takus
still
member
of
the
SDF.
He
testified
that
he
last
saw
The IJ
J.A. 279.
did
was
not
not
clearly
submit
erroneous,
adequate
concluded
corroborating
that
evidence
to
II.
A.
The Immigration and Nationality Act (INA) authorizes the
Attorney General to grant asylum to an alien who qualifies as a
refugee.
See
clear
probability
protected ground.
Cir.
2011)
of
persecution
on
account
of
(internal
quotation
marks
omitted).
Because
the
the
any
CAT
person
prohibits
to
See id.
the
country
United
where
States
the
person
from
has
B.
The scope of our review of the BIAs decision is narrow
and deferential.
of
an
asylum
claim
unless
such
denial
is
at
165
(internal
quotation
marks
omitted).
manifestly
Zelaya, 668
When
the
to
meet
his
evidentiary
burden
for
establishing
the
reasonable
evidence
presented
factfinder
asylum.
Dankam,
could
495
F.3d
was
fail
at
so
to
119
compelling
find
that
eligibility
(internal
quotation
no
for
marks
omitted).
Our
review
of
an
adverse
credibility
determination
is
it.
Djadjou,
662
F.3d
at
273.
We
accord
broad
specific,
cogent
credibility determination.
Under
the
provisions
reasons
Id.
for
an
adverse
Id.
of
the
REAL
ID
Act
of
2005,
the
testimony
1158(b)(1)(B)(ii).
The
is
credible.
IJs
credibility
See
U.S.C.
determination
is
as
statements,
testimony
we
have
observed,
contradictory
evidence,
are
appropriate
credibility determination.
omissions,
and
bases
inconsistent
inherently
for
making
improbable
an
adverse
the
applicants
Djadjou,
662
entire
F.3d
determination
may
at
not,
testimony
273-74
however,
regarding
(citations
be
persecution.
omitted).
based
on
The
speculation,
See id.
at 274.
III.
The
IJ
in
determination
testimony,
this
on
as
case
several
well
as
grounded
her
adverse
inconsistencies
inconsistencies
credibility
within
Bassanguens
between
Bassanguens
appeal,
of
these
Bassanguen
alleged
challenges
the
inconsistencies:
12
IJs
(1)
reliance
upon
Bassanguens
two
incidents
in
which
he
was
allegedly
arrested,
the
discrepancy
between
Bassanguens
testimony
and
Chief
determination.
The
inconsistent
signatures
of
adverse
determination,
Bassanguens
testimony
This
531 F.3d 1016, 1018 (9th Cir. 2008); Ngarurih v. Ascroft, 371
F.3d 182, 189 (4th Cir. 2004).
he
only
decided
to
seek
asylum
13
after
the
third
incident
of
the
voluntary
consideration,
when
return
after
considered
two
along
arrests
with
the
IJs
and
the
Boards
reliance
upon
valid
inconsistencies
is
J.A. 4.
the
discrepancy
Thus,
at
oral
argument,
the
Attorney
General
rightly
conceded that the date discrepancy alone was most likely a mere
typographical or clerical error.
The
IJ
additionally
observed
that
Bassanguen
failed
to
the
Nevertheless,
discrepancy
the
IJ
and
in
the
the
Board
date
both
had
he
testified.
characterized
the
may have relied upon the error to reject portions of the other
corroborating evidence.
would have weighed the other factors the same had it disregarded
the
perceived
inconsistency
between
14
Chief
Takus
letter
and
IV.
For the foregoing reasons, we grant Bassanguens petition
for review in part, vacate the Boards order, and remand the
matter for further consideration consistent with this opinion.
15
Thomas
Deczem
Bassanguen
seeks
review
of
an
review
of
Bassanguens
claims
with
the
same
in
the
IJ's
adverse
credibility
determination,
16
I.
A.
Bassanguen is a native and citizen of Cameroon. J.A. 76566. He entered the United States on a nonimmigrant visitor visa
in July 2005 with authorization to remain in the United States
for a temporary period not to exceed September 4, 2005. J.A.
766, 856. Approximately one year later, he filed an affirmative
application
seeking
asylum,
withholding
of
removal,
and
his
he
arrest
and
experienced
detention
in
Cameroon
on
on
three
separate
account
of
his
Security
(DHS)
placed
Bassanguen
in
removal
psychologist,
and
Enid
17
Duplex
Kuissu,
Social
testified
to
incidents
surrounding
his
three
recalled
that
his
first
arrest
in
connection
with
his
his
release
he
was
experiencing
nausea
and
18
boxes
containing
fraudulent
ballots
brought
in
for
counting.
ruling
party
to
count
the
ballots,
the
police
arrived,
arrested him, and detained him for five days. J.A. 349-51. He
was undressed, pushed into a cell, and accused of insult[ing]
the people at the polling place and . . . ma[king] troubles at
the polling place. J.A. 351. He was questioned and beat[en] .
. . badly with a round baton on the bottom of his feet. J.A.
351-52. He recalled being beaten a total of three times; among
other trauma, he was kicked by officers wearing big policeman
boots. J.A. 352-53. SDF attorneys intervened, and his release
was conditioned on his no longer taking part in SDF marches and
protests. J.A. 354. Upon release, Bassanguen experienced pain on
the bottom of his feet, difficulty walking, and body aches. J.A.
354. He was prescribed medication from a family doctor. J.A.
354.
Bassanguen
years
later
on
testified
November
that
6,
his
2004.
third
J.A.
arrest
354-55.
occurred
On
that
two
day,
of
first-Thursday-of-the-month
SDF
meetings
he
had
attended (he stated it was more than five), but recalled that
the first meeting he participated in was in August 2005 and the
last was in November 2009. J.A. 381-82. He testified that if he
returned
to
Cameroon,
he
believed
he
would
be
immediately
cross-examination
to
Nigeria
months
and
after
he
testified
back
his
to
that
Cameroon
second
arrest.
he
in
traveled
December
J.A.
from
2002,
394-95.
He
at
that
time,
and
[officials]
werent
looking
for
Cogar
identified
and
swore
to
her
psychological
believed
Bassanguen
suffered
from
Post
Traumatic
Stress
member of the SDF. J.A. 441. He testified that he did not see
Bassanguen at the last SDF meeting he attended in November 2009,
and that he last saw Bassanguen at an SDF meeting in 2008. J.A.
439, 441, 446.
*
to
the
IJ
in
the
first
instance,
followed
by
plenary
agency
acts
decision-making
in
is
accordance
a
with
rational
law
process.
and
that
See
the
ante
agency
at
8-11
IJ
issued
an
oral
decision
denying
Bassanguens
Without
reaching
the
substantive
merits
of
Bassanguens
upon
consideration
of
the
following
evidence
circumstances:
and
The
inconsistencies
between
Kuissus
account
of
Bassanguens participation in the SDF in the United
States and Bassanguens own account of the same. Based
on these discrepancies, the IJ discredited Kuissus
account
of
Bassanguens
participation
in
SDF
activities in Cameroon, including his account of the
third arrest. J.A. 276.
his
23
SDF
card
had
mistaken
no
J.A.
274,
279.
The
overarching
credibility
demonstrate
he
was
the
victim
of
past
persecution
in
an
objectively
reasonable
fear
thereof
because
of
participation
Furthermore,
the
in
IJ
the
found
SDF
at
this
inadequate
point.
proof
that
J.A.
279.
Bassanguens
was
affirmed
IJs
the
not
clearly
reliance
on
erroneous.
the
J.A.
submission
3.
of
The
BIA
documents
decision
not
to
accept
his
explanation
was
based
on
and
Takus
letter
regarding
the
year
of
the
third
and Kuissu, noting that the IJ was not required to accept his
explanation
for
the
inconsistency;
and
on
the
basis
of
the
was
credibility
insufficient
finding,
to
noting
overcome
problems
the
with
IJs
adverse
Takus
letter,
II.
Where the BIA affirms the decision of an IJ (collectively,
the agency) in a written opinion, we review both decisions on
appeal.
Niang
v.
Gonzales,
492
F.3d
505,
511
n.8
(4th
Cir.
2007); Kourouma v. Holder, 588 F.3d 234, 239-40 (4th Cir. 2009).
We recently explained:
We are obliged to uphold the BIAs determinations
unless they are manifestly contrary to the law and an
abuse of discretion. Lizama v. Holder, 629 F.3d 440,
444 (4th Cir. 2011) (quoting Mirisawo v. Holder, 599
F.3d 391, 396 (4th Cir. 2010)) (internal quotation
marks omitted). The agency abuses its discretion if
it fail[s] to offer a reasoned explanation for its
decision,
or
if
it
distort[s]
or
disregard[s]
important aspects of the applicants claim. Tassi v.
Holder, 660 F.3d 710, 719 (4th Cir. 2011).
25
III.
Bassanguen
essentially
makes
two
arguments.
First,
he
by
the
IJ;
and
(2)
the
BIA
and
IJ
failed
to
offer
corroborating
circumstantial
his
political
evidence
expression
evidence
that
of
that
[Bassanguen]
opposition
provides
was
to
strong
imprisoned
the
for
Cameroonian
Board
must
not
disregard
independent
corroborating
27
basis
of
other
immaterial
discrepancies
in
an
applicants
supporting evidence.).
I
agree
contention.
with
That
the
is,
core
as
assertions
the
of
Attorney
Bassanguen's
General
first
essentially
in
reaching
and
sustaining
the
adverse
credibility
weighty)
finding,
there
credibility
factors
is
to
ample
finding
is
support
room
not
to
the
say
supported
adverse
(on
by
credibility
this
record)
substantial
the
evidence
both
credibility
and,
if
appropriate,
on
the
merits,
is
appropriate.
A.
Bassanguen argues that the BIA erred in determining that
his voluntary return to Cameroon constitutes a specific, cogent
reason to support the adverse credibility finding because it was
based
on
speculation
and
conjecture
and
is
not
supported
by
The
IJs
conclusion
completely
disregards
(without
psychological
implausible
for
trauma.
Bassanguen
Manifestly,
(or
any
it
is
reasonable
not
remotely
person)
to
be
29
v.
Ashcroft,
(voluntary
return
persecution
where
371
F.3d
undermined
there
182,
claim
[was]
no
189-90
of
(4th
Cir.
well-founded
evidence
that
2004)
fear
of
[applicant]
departed
and
returned
without
experiencing
torture
or
and
further
torture.
distinction,
returned
only
to
The
experience
agency
renewed
failed
speculating
that
to
the
detention
recognize
return
and
this
undermined
Bassanguens credibility. 4
Furthermore, the IJ found in a wholly conclusory manner
that Bassanguens explanation as to why he would be fearful now
to
return
address
specific,
was
the
insufficient,
credibility
cogent
reason
and
that
he
concern.
She
for
his
why
did
failed
not
adequately
to
explanation
provide
was
a
not
30
Djadjou,
662
F.3d
at
274
(upholding
IJs
rejection
of
discrepancy
letter,
between
allegedly
meant
dates
to
in
letters,
correct
the
and
the
first,
second
did
not
and
cogent
reasons
for
doing
so.
This
unexplained
inherently
implausible.).
Given
the
progression
of
the
in
concluding
that
an
immaterial
discrepancy
between
should
explain
have
the
hearing.
been
afforded
inconsistency
Petitioners
Br.
reasonable
through
questioning
31-32
(Courts
opportunity
at
have
his
held
to
asylum
that
an
serve
was
that
IJs
as
basis
not
doubt
for
questioned
in
veracity
adverse
further
of
aliens
story
credibility
finding
where
because
it
left
court
to
speculate on the matter; Ordonez v. INS, 345 F.3d 777, 786 (9th
Cir.
2003),
for
the
proposition
that
[t]he
BIA
violates
an
determination
without
giving
the
alien
an
As
General
the
majority
expressly
notes,
conceded
at
that
oral
argument,
more
likely
the
than
Attorney
not
the
Generals
concession
is
entirely
warranted,
as
Taku
November
2004.
Compare
J.A.
722
([Bassanguen]
was
2002
and
November
2005).),
with
J.A.
722
(Other
pro-
C.
Unlike the majority, I am persuaded that, in light of the
insubstantial nature of the above two pillars of the adverse
credibility
treatment
determination
of
two
other
reached
by
aspects
the
of
the
agency,
the
record
Boards
supports
our
letter
was
inconsistency.
not
J.A.
probative
279,
4.
because
As
of
explained,
the
material
however,
the
of
the
petitioner
merited
alia,
IJ
the
relevant
evidence
discretionary
abused
her
to
asylum
discretion
by
determine
relief
where,
resting
an
whether
inter
adverse
asked, when he was not, why Taku was not called to clarify the
material discrepancy. To rely on a failure to explain an
alleged
discrepancy
that
all
agree
required
no
real
explanation at all amounts to mere conjecture.
34
find
the
September
2005
newspaper
article
to
be
used
the
Bassanguens
inconsistencies
SDF
between
participation
in
Kuissus
the
United
account
of
States
and
arrest,
without
providing
any
other
specific,
record,
while
the
cogent
this
state
of
the
IJs
adverse
are
plainly
out-of-bounds,
those
non-probative
factors
also
including
the
corroborative
evidence
offered
by
IV.
For the reasons set forth, although I regret the majoritys
election to grant the petition for review on such a stinting
basis, I am hopeful, if not confident, that the agency will give
a fresh look at Bassanguens application.
36