Filed: Nov. 28, 2018
Latest Update: Mar. 03, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 17-1677 _ ATCHA ADJANKARA, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA,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. A058-015-545) Immigration Judge: Honorable Charles M. Honeyman _ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) on March 5, 2018 Before: McKEE, AMBRO, and RESTREPO, Circuit Judges (Opinion filed: November 28, 2018) _ OPINION * _ * Th
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 17-1677 _ ATCHA ADJANKARA, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA,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. A058-015-545) Immigration Judge: Honorable Charles M. Honeyman _ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) on March 5, 2018 Before: McKEE, AMBRO, and RESTREPO, Circuit Judges (Opinion filed: November 28, 2018) _ OPINION * _ * Thi..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
________________
No. 17-1677
________________
ATCHA ADJANKARA,
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. A058-015-545)
Immigration Judge: Honorable Charles M. Honeyman
________________
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
on March 5, 2018
Before: McKEE, AMBRO, and RESTREPO, Circuit Judges
(Opinion filed: November 28, 2018)
________________
OPINION *
________________
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
McKEE, Circuit Judge
Atcha Adjankara petitions for review of an order of the Board of Immigration
Appeals, which dismissed his appeal from an Immigration Judge’s decision finding him
removable for knowingly assisting the illegal entry of another person 1 and ineligible for a
fraud waiver. 2 We will vacate the decision and remand the matter to the BIA, to allow
the BIA an opportunity to further consider its order and to provide additional
explanation of its final decision after the additional consideration. 3
Adjankara, a native and citizen of Togo, desiring to immigrate to the United
States, entered what is widely known as the diversity lottery. The spouse and children of
persons granted an immigrant visa may accompany them to the United States. Prior to
completing his visa application, Adjankara married Fatia Morou. At the time, he believed
that she had two daughters, Assana and Foussena Amadou. On Adjankara’s immigrant
visa application, he listed Fatia Morou as his wife, and Assana and Foussena Amadou as
their daughters. 4 After he was issued a DV-1 immigrant visa, Adjankara and Morou
traveled together to the United States. The two children did not travel with them. 5 Before
1
8 U.S.C. § 1227(a)(1)(E)(i).
2
Id. § 1227(a)(1)(H).
3
The BIA had jurisdiction pursuant to 8 C.F.R. § 1003.1. We have jurisdiction under
8 U.S.C. § 1252. Our standard of review of the BIA’s legal conclusions is de novo.
Escobar v. Gonzales,
417 F.3d 363, 365 (3d Cir. 2005). Because the BIA adopted the
findings of the IJ and made additional findings, we will review the decisions of both the
BIA and the IJ. Escobar v. Gonzales,
417 F.3d 363, 365 (3d Cir. 2005) (citing Wang v.
Ashcroft,
368 F.3d 347, 349 (3d Cir. 2004)).
4
Ohio App. 19.
5
Ohio App. 24.
2
Adjankara’s flight left Ghana, Morou told Adjankara that the two children were not her
daughters and that they had already flown to the United States.
Three years later, the Department of Homeland Security began investigating a
human trafficking ring. Young African women were smuggled into the United States and
forced to work without pay in hair braiding salons. Assana and Foussena Amadou were
identified as victims of that trafficking network. Subsequently, DHS charged Adjankara
with deportability for knowingly assisting Assana and Foussena Amadou illegal entrance
into the United States.
Under 8 U.S.C. 1227(a)(1)(E)(i), an undocumented immigrant “who (prior to the
date of entry, at the time of any entry, or within 5 years of the date of any entry)
knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or
to try to enter the United States in violation of law is deportable.” The IJ concluded that
Adjankara knew the children were not his step-children before he entered into the United
States. 6 Based upon that conclusion, the IJ found that Adjankara knowingly assisted the
children’s illegal entry into the Unites States.
We cannot readily determine from this record how the IJ and BIA concluded that
Adjankara knowingly assisted the illegal entry of Assana and Foussena Amadou, both of
whom were the unwitting victims of human trafficking. Neither the IJ nor the BIA has
explained this. Further, neither the IJ nor the BIA specified if the children’s illegal entry
was before or after Adjankara learned that they were not Morou’s daughters. Based on
6
Ohio App. 35.
3
the record, it appears that he acquired that knowledge after the children’s entry. If the
BIA and IJ believe that after-acquired knowledge is sufficient to satisfy the mens rea
requirement of 8 U.S.C. § 1227(a)(1)(E)(i), neither has explained that conclusion.
Therefore, we will vacate the decision and remand the matter to the BIA, to
allow the BIA an opportunity to further consider its order and to provide additional
explanation of its final decision after the additional consideration.
4