DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032287P.pdf 06/23/2005 Jacob Eta-Ndu v. John Ashcroft
U.S. Court of Appeals Case No: 03-2287
Agency
[PUBLISHED] [Benton, Author, with Colloton and Lay, Circuit Judges]
Petition for Review - immigration. Petitioner failed to establish past
persecution in Cameroon based on his political affiliation, as his
testimony about a single attack and a three-hour detention did not rise to
the level of persecution; Immigration Judge's decision to discount the
credibility of the documents petitioner submitted to support his
allegations of future persecution was supported by specific and cogent
reasons and was entitled to much weight; decision to deny asylum was
supported by reasonable, substantial and probative evidence; having
failed to meet his burden of proof with respect to asylum, petitioner could
not meet the higher standard of proof required to obtain withholding of
removal; BIA's decision not to reopen the case and remand for new
evidence was not an abuse of discretion and did not deny petitioner due
process. Judge Lay, dissenting on the issue of whether petitioner
established the likelihood of future persecution.