Agwuegbo v. Bondi
Agwuegbo
Court
Fifth Circuit Court of Appeals
Decided
June 18, 2025
Jurisdiction
F
Importance
47%
Case Summary
Case: 24-60388 Document: 97-1 Page: 1 Date Filed: 06/18/2025 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED June 18, 2025 No. 24-60388 ____________ Lyle W. Cayce Clerk Ifeanyichukwu Agwuegbo, Petitioner, versus Pamela Bondi, U.S. Attorney General, Respondent. ______________________________ Petition for Review from an Order of the Board of Immigration Appeals Agency No. A214 946 397 ______________________________ Before Higginbotham, Jones, and Southwick, Circuit Judges. Per Curiam: Ifeanyichukwu Agwuegbo, a native and citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals affirming an immigration judge’s denial of his application for cancellation of removal under the Violence Against Women Act, asylum, withholding of removal, _____________________ Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 24-60388 Document: 97-1 Page: 2 Date Filed: 06/18/2025 No. 24-60388 and relief under the Convention Against Torture. The petition is DISMISSED in part and DENIED in part. BACKGROUND In 2007, Agwuegbo peacefully participated in a political protest in Nigeria, after which he was detained for two days, deprived of food and water, and was beaten such that he needed stitches on his hand. He most recently entered the United States in August 2016 and married a United States citizen in April 2017. Dissatisfied with their financial situation, his wife threatened divorce, and the immigration consequences thereof, if he did not earn more money. He claims this led him to operate an unlicensed money transmitting business in violation of 18 U.S.C. § 1960, for which he was arrested in 2019. His father, who resides in Nigeria, received phone calls from “authorities” asking about Agwuegbo shortly thereafter, but received none recently. Agwuegbo pled guilty in 2022 and was sentenced to 18 months’ imprisonment. His wife divorced him in 2022. In 2023, the Department of Homeland Secured initiated removal proceedings. Agwuegbo applied for cancellation of removal under the Violence Against Women Act (VAWA), asylum, withholding of removal, and Convention Against Torture (CAT) relief. Agwuegbo proceeded pro se. The IJ denied all relief, determining that (1) Agwuegbo was ineligible for relief under VAWA because he had a criminal conviction for which he was imprisoned for over 180 days; (2) his asylum claim was time-barred; (3) his asylum and withholding claims failed because he could not show past persecution or a well-founded fear of future persecution based on his political opinion; (4) Agwuegbo’s CAT claim failed because he did not experience past torture and his evidence of likely future torture was attenuated and not particularized. 2 Case: 24-60388 Document: 97-1 Page: 3 Date Filed: 06/18/2025 No. 24-60388 Represented by counsel, Agwuegbo appealed to the Board of Immigration Appeals (BIA). The BIA first explained that the IJ erred by failing to consider that VAWA allows relief for aliens whose convictions are “connected to the alien’s having been battered or subjected to extreme cruelty.” 8 U.S.C. § 1229b(b)(2)(C). Nevertheless, the BIA affirmed on the grounds that Agwuegbo neither established that he was “subjected to extreme cruelty” or that his conviction was connected to any such cruelty. Second, the BIA held that Agwuegbo waived his asylum claim. Third, the BIA agreed with the IJ that Agwuegbo failed to show past persecution and rejected his withholding claim because Agwuegbo made no other argument supporting a well-founded fear of future persecution. Finally, the BIA also agreed with the IJ that Agwuegbo’s CAT claim failed because he faced no past torture and his suggestion that fu
Case Details
Case Details
Legal case information
Status
Decided
Date Decided
June 18, 2025
Jurisdiction
F
Court Type
appellate
Legal Significance
Case importance metrics
Metadata
Additional information
Quick Actions
Case management tools
Case Summary
Summary of the key points and legal principles
Case: 24-60388 Document: 97-1 Page: 1 Date Filed: 06/18/2025
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________
FILED
June 18, 2025
No. 24-60388
____________ Lyle W. Cayce
Clerk
Ifeanyichukwu Agwuegbo,
Petitioner,
versus
Pamela Bondi, U.S. Attorney General,
Respondent.
______________________________
Petition for Review from an Order of the
Board of Immigration Appeals
Agency No. A214 946 397
______________________________
Before Higginbotham, Jones, and Southwick, Circuit Judges. Per Curiam: Ifeanyichukwu Agwuegbo, a native and citizen of Nigeria, petitions for review of an order of the Board of Immigration Appeals affirming an immigration judge’s denial of his application for cancellation of removal under the Violence Against Women Act, asylum, withholding of removal,
_____________________
Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4. Case: 24-60388 Document: 97-1 Page: 2 Date Filed: 06/18/2025
No. 24-60388
and relief under the Convention Against Torture. The petition is DISMISSED in part and DENIED in part. BACKGROUND In 2007, Agwuegbo peacefully participated in a political protest in Nigeria, after which he was detained for two days, deprived of food and water, and was beaten such that he needed stitches on his hand. He most recently entered the United States in August 2016 and married a United States citizen in April 2017. Dissatisfied with their financial situation, his wife threatened divorce, and the immigration consequences thereof, if he did not earn more money. He claims this led him to operate an unlicensed money transmitting business in violation of 18 U.S.C. § 1960, for which he was arrested in 2019. His father, who resides in Nigeria, received phone calls from “authorities” asking about Agwuegbo shortly thereafter, but received none recently. Agwuegbo pled guilty in 2022 and was sentenced to 18 months’ imprisonment. His wife divorced him in 2022. In 2023, the Department of Homeland Secured initiated removal proceedings. Agwuegbo applied for cancellation of removal under the Violence Against Women Act (VAWA), asylum, withholding of removal, and Convention Against Torture (CAT) relief. Agwuegbo proceeded pro se. The IJ denied all relief, determining that (1) Agwuegbo was ineligible for relief under VAWA because he had a criminal conviction for which he was imprisoned for over 180 days; (2) his asylum claim was time-barred; (3) his asylum and withholding claims failed because he could not show past persecution or a well-founded fear of future persecution based on his political opinion; (4) Agwuegbo’s CAT claim failed because he did not experience past torture and his evidence of likely future torture was attenuated and not particularized.
2
Case: 24-60388 Document: 97-1 Page: 3 Date Filed: 06/18/2025
No. 24-60388
Represented by counsel, Agwuegbo appealed to the Board of
Immigration Appeals (BIA). The BIA first explained that the IJ erred by failing to consider that VAWA allows relief for aliens whose convictions are “connected to the alien’s having been battered or subjected to extreme cruelty.” 8 U.S.C. § 1229b(b)(2)(C). Nevertheless, the BIA affirmed on the grounds that Agwuegbo neither established that he was “subjected to extreme cruelty” or that his conviction was connected to any such cruelty. Second, the BIA held that Agwuegbo waived his asylum claim. Third, the BIA agreed with the IJ that Agwuegbo failed to show past persecution and rejected his withholding claim because Agwuegbo made no other argument supporting a well-founded fear of future persecution. Finally, the BIA also agreed with the IJ that Agwuegbo’s CAT claim failed because he faced no past torture and his suggestion that fu
Case Information
Detailed case metadata and classifications
Court Proceedings
Document Details
Legal Classification
Similar Cases
Cases with similar legal principles and precedents
Case Details
Legal case information
Status
Decided
Date Decided
June 18, 2025
Jurisdiction
F
Court Type
appellate
Legal Significance
Case importance metrics
Metadata
Additional information
Quick Actions
Case management tools