NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________ 

No. 11-2227

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KOKOU AMEVAVA AWLIME,

 Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES,

 Respondent 

_____________

Petition for Review of an Order of the

United States Department of Justice

Board of Immigration Appeals

(BIA No. A098-420-012)

Immigration Judge: Honorable Alberto J. Kiefkohl

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Submitted Under Third Circuit LAR 34.1(a)

January 10, 2012

Before: SCIRICA, RENDELL and SMITH, Circuit Judges

(Opinion Filed: January 17, 2012) 

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OPINION OF THE COURT 

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RENDELL, Circuit Judge.

Kokou Amevava Awlime petitions for review of the Board of Immigration 

Appeals‟ (“BIA”) refusal to reopen his case. The BIA held that his motion to reopen 

was untimely, rejecting his claim that it was a timely motion in response to changed 
2

country conditions in Awlime‟s native Togo. The BIA further held that Awlime‟s 

motion, even if timely, failed to establish a prima facie case for relief because it did 

not sufficiently demonstrate a reasonable possibility that Awlime would be tortured or 

persecuted if sent back to Togo. We will deny his petition for review.

Mr. Awlime fled from Togo in 2003 to escape persecution. He applied for 

asylum in the United States in 2004, claiming he had been persecuted in Togo due to 

his activities as a union leader for taxi drivers. His application mentioned, but did not 

emphasize, his membership in an opposition political party in Togo called the Union 

des Forces du Changement (“UFC”). The Immigration Judge (“IJ”) found that he was 

not credible and denied relief.1 The BIA dismissed his appeal and we denied his 

petition for review, finding that the adverse credibility ruling was supported by 

substantial evidence; we denied panel re-hearing on March 13, 2010 and Awlime did 

not move to re-open until July 2010. 

There is no question that Awlime‟s motion to re-open was filed well beyond the 

90 day deadline set out in 8 U.S.C. § 1229a(c)(7)(C)(i). Awlime argues that his 

motion is nonetheless timely under 8 U.S.C. § 1229a(c)(7)(C)(ii) because of changed 

country conditions. He alleges that since his hearing, the Togolese government has 

been attacking UFC members who have taken to the streets protesting the March 2010 

 

1 As part of his application, Awlime submitted photographs purportedly showing him 

receiving medical care. He claimed that these pictures were taken in 2001, after he 

was tortured by the Togolese government. However, it was discovered that the 

photographs were actually taken in 2003. The IJ found Awlime‟s explanation for the 

time disparity—that Awlime was trying in 2003 to “memorialize” his condition from 

2001—not credible. (A.R. 264-65.)
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elections, which they contend were rigged. Based on this, he argues that he will likely 

be subjected to detention if he returns. He offers two affidavits that attest to his UFC 

membership and describe conditions in Togo.

The evidence Awlime offers does not describe any real change in conditions over 

time in Togo. Rather, it refers to activity that has occurred over several years, 

including some recent examples. Awlime presented evidence of similar (and perhaps 

more egregious) acts of political violence against UFC members when he originally 

applied for asylum. Moreover, as the BIA noted, nothing in the record indicates any 

interest in pursuing Awlime. The arrests that he cites to are of protesters, some of 

whom happen to be UFC members. This does not demonstrate that Awlime would be 

targeted on his return.

We review the BIA‟s denial of a motion to re-open for abuse of discretion, 

“mindful of the „broad‟ deference that the Supreme Court would have us afford [it]”, 

Ezeagwuna v. Ashcroft, 325 F.3d 396, 409 (3d Cir. 2003). We will only disturb its 

ruling if it was arbitrary, irrational, or contrary to law. Sevoian v. Ashcroft, 290 F.3d 

166, 174 (3d Cir. 2002). We cannot so conclude here, and, accordingly, will deny 

Awlime‟s petition.