Filed: Aug. 13, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-60512 Document: 00515073978 Page: 1 Date Filed: 08/13/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-60512 Fifth Circuit FILED Summary Calendar August 13, 2019 Lyle W. Cayce CHIA L. WALLANG, Clerk Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A209 983 004 Before BARKSDALE, HAYNES, and ENGELHARDT, Circuit Judges. PER CURIAM: * Chia Wallan
Summary: Case: 18-60512 Document: 00515073978 Page: 1 Date Filed: 08/13/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-60512 Fifth Circuit FILED Summary Calendar August 13, 2019 Lyle W. Cayce CHIA L. WALLANG, Clerk Petitioner v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A209 983 004 Before BARKSDALE, HAYNES, and ENGELHARDT, Circuit Judges. PER CURIAM: * Chia Wallang..
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Case: 18-60512 Document: 00515073978 Page: 1 Date Filed: 08/13/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 18-60512
Fifth Circuit
FILED
Summary Calendar August 13, 2019
Lyle W. Cayce
CHIA L. WALLANG, Clerk
Petitioner
v.
WILLIAM P. BARR, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A209 983 004
Before BARKSDALE, HAYNES, and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Chia Wallang, a native and citizen of Cameroon, petitions for review of
an order of the Board of Immigration Appeals (BIA) affirming the denial of his
application for asylum. Wallang asserts the BIA and Immigration Judge (IJ)
erroneously rejected his claim of a well-founded fear of persecution.
We review the final decision of the BIA, but also review the IJ’s ruling
insofar as it affected the BIA’s decision. Zhu v. Gonzales, 493 F.3d 588, 593
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.
R. 47.5.4.
Case: 18-60512 Document: 00515073978 Page: 2 Date Filed: 08/13/2019
No. 18-60512
(5th Cir. 2007). Findings of fact, including asylum eligibility, are reviewed for
substantial evidence. Sharma v. Holder, 729 F.3d 407, 411 (5th Cir. 2013).
Although Wallang includes in his brief here, and makes claims regarding
the 2017 United States State Department Report on Human Rights Practices
in Cameroon, any assertions based on that report, which is not part of the
administrative record, are not considered. See Hernandez-Ortez v. Holder, 741
F.3d 644, 647 (5th Cir. 2014).
Wallang asserts he holds a political opinion that exposes him to likely
persecution should he be returned to Cameroon, based on his alleged
membership in the Southern Cameroon National Council (SCNC).
Nevertheless, the evidence presented in the administrative record does not
compel a finding under our circuit precedent that Wallang has a well-founded
fear of persecution on account of any protected ground. See Sharma, 729 F.3d
at 411; Eduard v. Ashcroft,
379 F.3d 182, 189 (5th Cir. 2004); see also Tanyi v.
Mukasey, 262 F. App’x 640 (5th Cir. 2008) (concluding record did not compel
finding of well-founded fear of persecution based on political opinion in
Cameroon); Mbeng v. Gonzales, 174 F. App’x 188, 193 (5th Cir. 2006) (holding
petitioner could not establish well-founded fear based on membership in SCNC
because it has “hundreds of thousands of members who participate in political
activity without incident or persecution”).
DENIED.
2
