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    The United States Court of Appeals for the Fourth Circuit denied Levi Mbawe Mboni's petition for review of the Board of Immigration Appeals' (BIA) decision dismissing his appeal of the immigration judge's denial of asylum, withholding of removal, and protection under the Convention Against Torture. The Court reviewed the record, including an investigation report by the U.S. Embassy in Cameroon and an affidavit. The Court found that substantial evidence supported the BIA's decision and that consideration of the investigation report was not fundamentally unfair. Therefore, the Court denied Mboni's petition for the reasons stated by the BIA.

    Original Description:

    Filed: 2015-12-21 Precedential Status: Non-Precedential Docket: 15-1561

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    The United States Court of Appeals for the Fourth Circuit denied Levi Mbawe Mboni's petition for review of the Board of Immigration Appeals' (BIA) decision dismissing his appeal of the immigration judge's denial of asylum, withholding of removal, and protection under the Convention Against Torture. The Court reviewed the record, including an investigation report by the U.S. Embassy in Cameroon and an affidavit. The Court found that substantial evidence supported the BIA's decision and that consideration of the investigation report was not fundamentally unfair. Therefore, the Court denied Mboni's petition for the reasons stated by the BIA.

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    133 views3 pages

    Levi Mboni v. Loretta Lynch, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Levi Mbawe Mboni's petition for review of the Board of Immigration Appeals' (BIA) decision dismissing his appeal of the immigration judge's denial of asylum, withholding of removal, and protection under the Convention Against Torture. The Court reviewed the record, including an investigation report by the U.S. Embassy in Cameroon and an affidavit. The Court found that substantial evidence supported the BIA's decision and that consideration of the investigation report was not fundamentally unfair. Therefore, the Court denied Mboni's petition for the reasons stated by the BIA.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1561

    LEVI MBAWE MBONI,


    Petitioner,
    v.
    LORETTA E. LYNCH, Attorney General,
    Respondent.

    On Petition for Review of an Order of the Board of Immigration


    Appeals.

    Submitted:

    December 15, 2015

    Before DUNCAN
    Circuit Judge.

    and

    WYNN,

    Circuit

    Decided:

    Judges,

    December 21, 2015

    and

    DAVIS,

    Senior

    Petition denied by unpublished per curiam opinion.

    John E. Gallagher, Catonsville, Maryland, for Petitioner.


    Benjamin C. Mizer, Principal Deputy Assistant Attorney General,
    John W. Blakeley, Assistant Director, Christina J. Martin,
    Office of Immigration Litigation, UNITED STATES DEPARTMENT OF
    JUSTICE, Washington, D.C., for Respondent.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Levi

    Mbawe

    Mboni,

    native

    and

    citizen

    of

    Cameroon,

    petitions for review of an order of the Board of Immigration


    Appeals

    dismissing

    his

    appeal

    from

    the

    immigration

    judges

    denial of Mbonis requests for asylum, withholding of removal,


    and protection under the Convention Against Torture.
    We
    report

    have

    thoroughly

    describing

    Embassys

    the

    Regional

    reviewed

    the

    investigation

    Security

    Office

    record,
    conducted

    in

    Yaound,

    including
    by

    the

    the
    U.S.

    Cameroon,

    the

    affidavit submitted by Dairou Yaouba, and all other supporting


    evidence.

    We conclude that the record evidence does not compel

    a ruling contrary to any of the administrative factual findings,


    see

    evidence

    U.S.C.

    1252(b)(4)(B)

    supports

    the

    (2012),

    Boards

    decision.

    Zacarias, 502 U.S. 478, 481 (1992).


    Mbonis

    claim

    that

    the

    and

    agency

    that

    See

    INS

    substantial
    v.

    Elias

    Specifically, we reject

    unreasonably

    relied

    on

    the

    investigative report and further conclude that consideration of


    the report was not fundamentally unfair.
    535 F.3d 243, 256 (4th Cir. 2008).

    See Anim v. Mukasey,

    Accordingly, we deny the

    petition for review for the reasons stated by the Board.

    See In

    re: Mboni (B.I.A. Apr. 28, 2015). *

    Before the Board, Mboni merely claimed that the


    immigration judges decision was erroneous and contrary to the
    record and settled law and contrary to the Fourth Circuit
    (Continued)
    2

    We dispense with oral argument because the facts and legal


    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    PETITION DENIED

    decision in Anim v. Mukasey.


    (J.A. 8).
    Although we have
    considered Mbonis general claims on appeal, as addressed by the
    Board,
    we
    lack
    jurisdiction
    over
    many
    of
    the
    specific
    contentions raised in Mbonis brief on the ground that he failed
    to
    exhaust
    his
    administrative
    remedies.
    See
    8
    U.S.C.
    1252(d)(1) (2012); Kporlor v. Holder, 597 F.3d 222, 226 (4th
    Cir. 2010).

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