Mbunta Nkongho v. Loretta Lynch
UNPUBLISHED OPINION FILED. [16-60606 Affirmed] Judge: PEH, Judge: EHJ, Judge: JES. Mandate issue date is 12/18/2017 [16-60606]
Date Filed: 10/25/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
October 25, 2017
Lyle W. Cayce
MBUNTA PETER NKONGHO, Also Known as Peter Nkongho Mbunta,
JEFFERSON B. SESSIONS, III, U.S. Attorney General,
Petition for Review of an Order of
the Board of Immigration Appeals
No. A097 192 630
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Mbunta Nkongho, a native and citizen of Cameroon, was ordered
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 10/25/2017
removed for remaining in the United States longer than permitted.
petitions for review of the decision of the Board of Immigration Appeals (“BIA”)
dismissing his appeal of the denial of his motions for reconsideration and to
First, Mbunta claims that the BIA abused its discretion in denying the
motion to reconsider. He contends that he should not have been required to
provide corroborating evidence of his claims; he was not put on notice that his
adverse credibility determination would affect how his new testimony would
be viewed; he was not provided with the opportunity to reconcile discrepancies
in his testimony; the BIA failed to reconsider the prior decision in light of the
country report; and the BIA failed to address his application for adjustment of
Next, Mbunta contends that the BIA abused its discretion in denying the
motion to reopen. He contends that the BIA failed to articulate the basis for
rejecting the medical evidence submitted with the motion; the country conditions report buttressed his argument that he was persecuted and tortured; the
BIA erroneously discounted the affidavits of family members and a neighbor;
and his claim of future persecution was tainted by the adverse credibility
Our review of the briefs and the record demonstrates that Mbunta has
failed to show that the BIA abused its discretion in denying the motions. See
Zhao v. Gonzales, 404 F.3d 295, 303 (5th Cir. 2005). The petition for review is
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