Robert Fosso v. Jefferson Sessions III

692 F. App'x 744
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 18, 2017
Docket16-1548
StatusUnpublished

This text of 692 F. App'x 744 (Robert Fosso v. Jefferson Sessions III) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Fosso v. Jefferson Sessions III, 692 F. App'x 744 (4th Cir. 2017).

Opinion

Unpublished opinions are not binding precedent in this circuit.

DIAZ, Circuit Judge:

Robert Zephyr Fosso, a native and citizen of Cameroon, applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), asserting that he suffered persecution in Cameroon because he is a founding member of a gay-rights advocacy group. The Immigration Judge denied all forms of relief and the Board of Immigration Appeals (“BIA”) affirmed.

Before us, Fosso contends that he was improperly denied relief based on an erroneous adverse credibility determination. Alternatively, Fosso asserts that independent evidence exists to establish that he suffered past persecution in Cameroon and that he is entitled to protection under the CAT.

For the reasons stated below, we uphold the Immigration Judge and BIA’s adverse credibility finding and denial of all relief as supported by substantial evidence and not manifestly contrary to law.

I.

Fosso arrived at the Otay Mesa, California port of entry without a visa on April 30, 2013. An officer of the Department of Homeland Security (“DHS”) interviewed Fosso at the border, where Fosso requested admission to the United States based on his fear of returning to Cameroon. An asylum officer subsequently determined that Fosso demonstrated a credible fear of persecution in Cameroon.

DHS commenced removal proceedings against Fosso in May 2013 by issuing a Notice to Appear. Fosso conceded his re-movability but sought asylum, withholding of removal, and protection under the CAT. The Immigration Judge issued an oral decision denying Fosso relief, finding that *746 Fosso was not credible due to multiple inconsistencies between his testimony before the Immigration Judge, his written application for relief, and his statements during the border and credible-fear interviews. Fosso appealed to the BIA, which upheld the Immigration Judge’s decision and dismissed Fosso’s appeal.

Before assessing the bases for these decisions, we detail relevant testimony and supporting materials from Fosso’s interviews, written application for relief, and the hearing before the Immigration Judge.

A.

Border Interview

During the border interview, Fosso told the DHS officer that he was “persecuted by people [and] ... harassed by the police” in Cameroon because he founded an association in 2009 that defended the rights of homosexuals. J.A. 224. 1 Fosso told the officer that he had never been arrested.

Fosso also described his journey from Cameroon to the United States, explaining that he left Cameroon without a passport and travelled to Nigeria via public transportation. From Nigeria, Fosso traveled via ship to Spain where he obtained a passport from a man named Patrick in order to fly to Ecuador. From Ecuador, Fosso made his way to the United States border by car.

Credible-Fear Interview

Fosso subsequently underwent a credible-fear interview with an asylum officer. When the officer asked Fosso about the conditions in the detention facility, Fosso replied, “The first day was really hard because I’ve never been in prison before.” J.A. 398.

Fosso told the officer that he left Cameroon after “receiv[ing] many threats” beginning in 2012 because of his participation in a group named “Rights for All,” which he founded in 2009 to advocate for gay rights. J.A. 399^00. While Fosso himself is not gay, he told the asylum officer that his brother is, and that Cameroonian society’s mistreatment of homosexuals encouraged him to become involved in the gay-rights movement.

When the asylum officer asked if anyone ever threatened to physically harm him, Fosso replied, “Yes, but they mostly threatened to harm my wife and children.” J.A. 401. When the asylum officer asked if anyone in Cameroon ever physically harmed him, Fosso replied that he “actually exchanged blows before leaving the country,” explaining that he was physically assaulted four times but did not suffer any injuries. J.A, 400. Fosso did not provide additional details about these altercations.

Fosso described three significant events during the credible-fear interview. First, Fosso told the officer that the printing business he owned in Cameroon and used to print materials for Rights for All was burned down the day after he organized a demonstration. Second, Fosso told the asylum officer that the police in Cameroon “approached [him] and asked [him] to abandon the protest,” or be subject to imprisonment. J.A. 401. And third, Fosso stated that he received two summonses from the police, the first putting Fosso on notice about the illegality of his activities with Rights for All and the second directing that Fosso go to court for trial. ■

*747 Application for Relief and Supporting Documents

Fosso filed a Form 1-589 application for asylum, withholding of removal, and protection under the CAT. In support of his application for relief, Fosso submitted a sworn affidavit, wherein he stated for the first time that he was arrested by Cameroonian police on two different occasions.

The affidavit recounts the following. Fosso was first arrested at a Rights for All rally in February 2011. The police detained Fosso and others in a detention facility, where they were kept in a dark cell, interrogated, stripped, and beaten by the police with a rod. Fosso was released after several days at the request of a fellow activist’s high-ranking father but authorities told Fosso that “they weren’t finished with [him],” and issued him a summons to return. J.A. 351.

Fosso was arrested a second time in May 2012 during a Rights for All group meeting and was taken with other activists to a police station. Fosso was kept for three days in a small cell "with insufficient food but was not beaten by the police. The police asked Fosso and the other detained activists to sign a pledge that they would no longer advocate for gay rights in exchange for their release; Fosso refused to sign, but was released nonetheless. Days after his release, a second summons arrived at Fosso’s business warning him to stop printing any materials promoting gay rights.

Fosso’s affidavit also stated that the police visited his family home in January 2013 and spoke "to his wife and sister-in-law. Fosso sent his wife and son to hide with his mother, and Fosso fled to Douala, where he stayed until he learned from a Rights for All member that his printing business had burned down in February 2013. In contrast to his statement to the DHS officer, Fosso said in the affidavit that he subsequently travelled from Nigeria to Ecuador using his twin brother’s passport, which he returned to his brother once he reached Mexico.

In support of his application for relief, Fosso submitted several documents: a statement by a Cameroonian professor and political activist indicating his knowledge of Fosso’s gay-rights activism and speaking generally about human rights violations in Cameroon; a summons for Fosso’s arrest; news articles about the treatment of gay-rights activists in Cameroonian prisons; a magazine advertisement for Fosso’s printing business; and the 2012 and 2013 State Department Country Reports for Human Rights Practices for Cameroon.

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692 F. App'x 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-fosso-v-jefferson-sessions-iii-ca4-2017.