Abdullah v. Gonzales

461 F.3d 92, 2006 U.S. App. LEXIS 22426, 2006 WL 2507173
CourtCourt of Appeals for the First Circuit
DecidedAugust 31, 2006
Docket05-2023
StatusPublished
Cited by14 cases

This text of 461 F.3d 92 (Abdullah v. Gonzales) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abdullah v. Gonzales, 461 F.3d 92, 2006 U.S. App. LEXIS 22426, 2006 WL 2507173 (1st Cir. 2006).

Opinion

*93 CAMPBELL, Senior Circuit Judge.

Abid Abdullah, a native and citizen of Pakistan, petitions for review of a June 10, 2005 Order of the Board of Immigration Appeals (“Board”) denying his motion to reopen his asylum application and his application for protection under the Convention Against Torture (“CAT”). We deny the petition for review.

I. Background

On November 8, 2002, the Immigration and Naturalization Service (“INS”) 1 issued to Abdullah a Notice to Appear, charging he was removable because, after being admitted to the United States as a non-immigrant visitor, he had remained beyond the authorized period. While conceding removability on that ground, Abdullah sought relief from removal in the form of asylum, withholding of removal, and protection under the CAT. An immigration judge (“IJ”) held hearings. On July 17, 2003, she denied Abdullah’s applications for relief. On October 6, 2004, the Board affirmed the decision of the IJ without opinion. On October 22, 2004, Abdullah filed with the Board a motion to reconsider. The Board denied that motion on January 6, 2005. Abdullah moved the Board to reopen on March 11, 2005, which motion was denied on June 10, 2005. This petition followed.

A. Petition for Asylum

Abdullah’s asylum application stated that he is a citizen and national of Pakistan who first entered the United States from Pakistan on January 27, 2001. He remained here until April 26, 2001, when he returned to Pakistan. He came again to the United States on July 2, 2002, on a visa that expired on October 1, 2002. He said that in 1981 he had married Zarina Abid, a native and citizen of Pakistan, and that she lived in Kashmir with their children, who were born in 1983, 1985, 1986 and 1988. Abdullah indicated that his application for asylum or withholding of removal was grounded on persecution, or fear of persecution, based upon political opinion. 2 Ab-dullah stated that he had experienced past harm in Pakistan because of “charges” and his membership in the “political party— AWAMI National Party.” He said he feared returning to Pakistan because he “will be stoned and beaten” and “tortured by Islamic fundamentalists” and militants because of his “political association.”

In a December 20, 2002 statement attached to his asylum application, Abdullah wrote that he was arrested on October 17, 2002 by Middleboro, Massachusetts police for “having sex with two women.” He wrote that the charges were dropped, but, according to his information and “newspaper publishing’s [sic] from Pakistan, the Islamic fundamentalists in the wake of political animosity have made this issue the basis of declaring death sentence for [him.]” He wrote that the fundamentalists had made life “hell for [him] and [his] family” and had threatened to murder him in public.

Abdullah explained that the AWAMI National Party (“ANP”) had been founded by Abdul Khan, a progressive nationalist, and that the party has fought against Islamic fundamentalists for the last 56 years. Abdullah stated that he had worked with *94 the party for the last thirty years in an effort to uphold human rights, and that his activities caused him to be considered to be among the top political leaders of the ANP at the national level. Abdullah wrote that the Islamic fundamentalists label ANP party leaders to be “pagans and agents of United States and India,” and that they “blew this baseless sex scandal out of proportion against [him] as a political issue.” He wrote that the difference between the ANP party and the fundamentalists is that the “ANP is striving to improve economic conditions of the citizens of Pakistan,” and that, by contrast, the fundamentalists do not work to improve citizens’ lives but rather “push for orthodox religious ideas.”

Abdullah asserted that in a meeting in Pakistan of fundamentalist religious leaders, he was “out caste [sic] from the religion and ordered death by stoning” because, according to Islamic law, a married man who is caught having sex with a woman other than his wife is punishable by death through stoning. He wrote that “due to this bad publicity other religious organizations are following the propaganda by using newspapers to declare death sentence for [him.]” He claimed that “according to these newspapers, these fundamentalists attacked [his] house in Mardan, NWFP [Northwest Frontier Province] and injured [his] two sons,” and that the city mayor had put 24-hour police surveillance on his house.

Abdullah wrote also that, prior to his coming to the United States, the fundamentalist party in Pakistan had forced him “not to compete against their candidate” during elections and had asked him to “leave the country for a few months.” He stated that his “USA visa” expired on October 1, 2002, but since the general elections were “due after nine days on October 10, 2002,” he had to overstay his visa. As he was preparing to return to Pakistan, however, “suddenly Middleboro police arrested [him] for this sex scandal” and jailed him for two months. He wrote that he was an “accomplished political figure ... successful businessman” and owner of a company engaged in ocean cargo management that involves millions of Pakistani rupees.

B. Hearing before the IJ

On July 17, 2003, Abdullah, appearing pro se, testified before the IJ. Abdullah said that Dilawar Jan, the “information secretary” of the Jamiat U1 Islam “religious fanatics organization,” told him to leave Pakistan before his arrival in the U.S. in 2002, in order to allow the fundamentalists to have a “position open for them” in the country’s elections. He stated that this was the only “trouble” he experienced in Pakistan and admitted that he otherwise “ha[s] no political problems.”

Abdullah stated that the main reason that he is afraid to return to Pakistan is that he believes “people have heard that [he was] charged with a crime.” He testified that people in Pakistan “found out” about the Massachusetts charges against him derived from the Middleboro incident and that “it was given to the newspapers also.” He testified that the Pakistani newspapers had learned of the story because a friend of his in Texas, Kahlid, told his brother, president of the Peshawar Press Club, that Abdullah had been arrested in the United States. He claimed that three days after the news was published in the Pakistani press, he “started getting letters from the religious people,” including one affiliated with the Moahammadi (“M”) organization. Abdullah testified that the M group published in two local newspapers in Mardan that Abdullah had become nonreligious, and “now we need to stone him to death.”

*95 Abdullah testified that his family left Pakistan, went to Kashmir, and are now living in a “jungle.” He claimed he cannot join them because he cannot live “in the jungle out there.” He also claimed that he could not move to some other city in Pakistan because “religious fanatics are everywhere.” He testified that, although the entire population of Pakistan does not know of the accusations against him, “these people will find out somehow or the other.”

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Bluebook (online)
461 F.3d 92, 2006 U.S. App. LEXIS 22426, 2006 WL 2507173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abdullah-v-gonzales-ca1-2006.