Peter Udo v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETER DONATUS UDO, No. 20-70078 Petitioner, Agency No.

V. A208-309-125

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

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

Argued and Submitted November 18, 2021 San Francisco, California

Filed May 4, 2022

Before: Sidney R. Thomas and M. Margaret McKeown, Circuit Judges, and Donald W. Molloy,* District Judge.

Opinion by Judge McKeown

* The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation. 2 UDO V. GARLAND

SUMMARY™

Immigration

Granting in part, and denying in part, Peter Donatus Udo’s petition for review of a decision of the Board of Immigration Appeals, and remanding, the panel held that the Board erred in affirming an immigration judge’s frivolous asylum application determination and the denial of protection under the Convention Against Torture.

Udo asserted a fear of persecution or torture in Nigeria based on his status as a gay man, and the harm he suffered after being discovering having sex with his boyfriend in a hotel. The IJ found that Udo was not credible…