Opinions of the United
2008 Decisions States Court of Appeals
for the Third Circuit
11-12-2008
Akum v. Atty Gen USA
Precedential or Non-Precedential: Non-Precedential
Docket No. 07-4389
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 07-4389
___________
CELINE AKUM,
Petitioner
v.
ATTORNEY GENERAL OF THE UNITED STATES,
Respondent
____________________________________
On Petition for Review of an Order of the
Board of Immigration Appeals
(Agency No. A97-533-414)
Immigration Judge: Honorable Mirlande Tadal
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
August 6, 2008
Before: McKEE, NYGAARD and ROTH, Circuit Judges
(Opinion filed : November 12, 2008)
___________
OPINION
___________
PER CURIAM
Celine Akum petitions for review of an order of the Bureau of Immigration
Appeals (BIA). For the reasons below, we will deny the petition for review.
Akum, a native of Cameroon, attempted to enter the United States on February 9,
2007. On March 7, 2007, Akum was charged as removable as an immigrant not in
possession of valid entry documents and for seeking to procure admission by fraud or
misrepresentation. Akum conceded removability and applied for asylum, withholding of
removal, and relief under the Convention Against Torture. She argued that she would be
persecuted in Cameroon on the basis of her membership in the Southern Cameroon
National Council (SCNC). Akum testified that in October 2005, she was arrested,
detained for eight days, and beaten by the government because she had taken part in a
demonstration. She alleged that she spent two weeks in a clinic recovering from her
injuries. She participated in no further activities and had no further problems until
January 2007 when the police attempted to arrest her. After escaping to Nigeria, she
came to the United States. The Immigration Judge (IJ) made an adverse credibility
finding and also concluded that Akum had failed to sustain her burden of proof. The BIA
adopted and affirmed the IJ’s decision and dismissed the appeal. Akum filed a timely
petition for review.
We have jurisdiction under 8 U.S.C. § 1252. We may reverse the BIA’s decision
only if the record permits but one reasonable conclusion which was not the one reached
by the Board. I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 (1992). We must uphold the
adverse credibility finding unless any reasonable adjudicator would be compelled to
conclude to the contrary. Fiadjoe v. Attorney General, 411 F.3d 135, 153 (3d Cir. 2005).
Akum argues that her airport interview should not have been relied on by the IJ in
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determining her credibility. During this interview, Akum stated that she was a widow
with six children and had come to the United States to work to support her family. When
asked if she was afraid to return to Cameroon, she stated she was afraid of individuals in
Cameroon to whom she owed money. Jt. App. at 322-36. The IJ contrasted these
statements with the claims of government persecution in her asylum application.
This Court has emphasized that it is “‘generally skeptical’ of using reports of
asylum interviews as the basis for finding an applicant lacks credibility where the context
for such interviews is unclear.” Korytnyuk v. Ashcroft, 396 F.3d 272, 289 (3d Cir. 2005).
In Korytnyuk, there was nothing in the record reflecting that the asylum interview had
been memorialized in writing. In Balasubramanrim v. INS, 143 F.3d 157, 162 (3d Cir.
1998), we concluded that a handwritten record of an airport interview lacked indicia of
reliability. In Dia v. Ashcroft, 353 F.3d 228, 257-58 (3d Cir. 2003)(en banc), we noted
that the information in the INS memorandum was not given under oath and was from a
conversation in French – a language in which Dia was only somewhat conversant. Here,
however, Akum was under oath and initialed each page of the typed transcription of the
interview. She stated that she was comfortable answering the questions in English. She
was evasive at the hearing when asked about her statements during the interview. Jt.
App. at 120-27. Moreover, we note that the BIA concluded that even if the IJ had not
considered the airport interview, there was sufficient support for the adverse credibility
finding.
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Akum argues that the credibility finding was not supported in the record. The IJ
also based the credibility finding on inconsistencies between Akum’s testimony and that
of her witness, Mr. Takwi, and inconsistencies in her own testimony concerning the
incident when the Cameroonian police allegedly came looking for her in January 2007.
These inconsistencies are supported by the testimony in the record. We conclude that a
reasonable adjudicator would not be compelled to find Akum credible.1
In addition to finding Akum’s testimony not credible, the IJ also concluded that
she failed to sustain her burden of proof of establishing past or future persecution. The IJ
found that there was no persuasive testimony concerning Akum’s membership in the
SCNC. Moreover, the IJ concluded that while high-level SCNC members are often
arrested and released, there was no evidence to suggest that a low-level member like
Akum would be targeted by the government. Akum argues that the IJ failed to give due
consideration to the testimony of Mr. Takwi and a letter from Vincent Feko, Secretary
General of the SCNC. However, as noted earlier, the IJ considered Takwi’s testimony
and found it to be inconsistent with Akum’s. The IJ described Feko’s letter as a form
letter and found it contained embellishments. We agree.2
1
Because Akum filed her asylum application after the enactment of the REAL ID Act,
the inconsistencies, inaccuracies, or falsehoods upon which the adverse credibility finding
is based need not go to the heart of her claim. 8 U.S.C. § 1158(b)(1)(B)(iii). However,
Akum’s challenge to the IJ’s adverse credibility finding would also fail under the prior
standard.
2
Feko states that records show that Akum was arrested on October 1, 2005, but he does
not mention how long she was detained or her two-week hospitalization. Feko refers to a
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Akum further contends that the explanation she gave for her lack of corroborating
documents was reasonable. When asked why she did not provide her SCNC membership
card, Akum stated that she had not sent for it initially but that it was on its way. She also
said she had asked for medical records but they had not arrived. Akum did not ask for a
continuance to await the arrival of these seemingly important documents. We note that
she was able to timely obtain and submit her national Cameroonian ID card, her passport,
her and her children’s birth certificates, her marriage certificate, and her academic
records.
Akum has now submitted her SCNC membership card, a medical record, and
additional affidavits. However, this Court’s review is limited to the record before the
BIA. 8 U.S.C. § 1252(b)(4)(A)(“[T]he court of appeals shall decide the petition only on
the administrative record on which the order of removal is based.”) Moreover, we note
that the new affidavits also contain inconsistent dates. In the affidavit of Catherine
Formala, she states that Akum came to her house in 2005 after the police attempted to
arrest her. However, the attempted arrest was allegedly in January 2007. The affidavit
from Mr. Nikang appears to state that Akum left for Nigeria shortly after her October
2005 arrest and hospitalization. In their affidavits, Akum’s husband, daughter, neighbor,
“precise account” of a February 9, 2007, attempted arrest from a neighbor of Akum’s who
had not seen her since then. C.A.R. at 256. However, on that date, Akum was detained
when she attempted to enter the United States. Feko also stated that he confirmed an
October 2001 arrest of Akum. However, Akum did not allege such an arrest and did not
become a member of the SCNC until August 2005.
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and brother all state that the attempted arrest occurred in January 2006. Thus, these
affidavits seem unhelpful to Akum.
Akum has not shown that the record compels a finding of past persecution or a
well-founded fear of future persecution on the basis of political opinion. Nor has she
shown that the record compels a finding that her life would be threatened or that she
would be tortured if removed to Cameroon so as to entitle her to withholding of removal
or relief under the CAT. Tarrawally v. Ashcroft, 338 F.3d 180, 186 (3d Cir. 2003); 8
C.F.R § 208.16(c)(2).
Accordingly, we will deny the petition for review. Akum’s motion for leave to file
a supplemental appendix is denied.
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