Almaz Sayoum Abebe Sisay Mengistu v. John Ashcroft, Attorney General

379 F.3d 755, 2004 U.S. App. LEXIS 16666, 2004 WL 1801881
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 13, 2004
Docket02-72390
StatusPublished
Cited by11 cases

This text of 379 F.3d 755 (Almaz Sayoum Abebe Sisay Mengistu v. John Ashcroft, Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Almaz Sayoum Abebe Sisay Mengistu v. John Ashcroft, Attorney General, 379 F.3d 755, 2004 U.S. App. LEXIS 16666, 2004 WL 1801881 (9th Cir. 2004).

Opinions

RAWLINSON, Circuit Judge:

Sisay Mengistu (Mengistu) and his wife, Almaz Sayoum Abebe (Abebe), citizens of Ethiopia, petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of their applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1105a.1 Because Mengistu has not shown that a reasonable fact-finder would be compelled to find that he suffered past persecution or has a well-founded fear of future persecution, we DENY his petition for review.

I. BACKGROUND & PROCEDURAL HISTORY

Mengistu entered the United States in 1990, and Abebe entered in 1993. Mengis-tu applied for asylum in July, 1993. Abebe’s asylum claim is derivative of Men-gistu’s.

Mengistu’s father and stepmother were involved with the then controlling government in Ethiopia, the DERG, a Marxist Leninist dictatorship ruled by Mengistu Haile Mariam (no relation to Petitioner). Petitioner Mengistu’s father and stepmother were imprisoned and stripped of their civil rights by the succeeding government, the Ethiopian Peoples Revolutionary Democratic Front (EPRDF). Mengistu was, but no longer is, a member of the Ethiopian People’s Revolutionary Party (EPRP), an organization critical of the DERG regime. In 1981, Mengistu was imprisoned for a few days because of his membership in EPRP, and underwent indoctrination after his release. In 1991, the DERG regime was overthrown by the EPRDF, and the Transitional Government of Ethiopia (TGE) assumed control.

Mengistu and Abebe married in 1988. In 1990, at a time when DERG was still in power, Mengistu came to the United States to study at Oregon State University. Abebe did not join Mengistu in the United States until 1993, because they did not want the government to suspect that Mengistu was not returning to Ethiopia. After bribing a clerk with the equivalent of [757]*757$125, Abebe obtained a visa to travel to the United States.

Mengistu does not support the TGE. In 1993, he joined Medhin, a multi-ethnic organization that opposed the TGE and sought a democratic government. Medh-in’s focus is on creating change through politics. However, some members endorse violence as a method to effect change. As a member, Mengistu received materials from Medhin and attended a Medhin conference in 1996 in Washington, D.C. Men-gistu is concerned that the Ethiopian embassy may acquire the attendance list of that meeting and identify him as a Medhin member.

Mengistu fears imprisonment if he returns to Ethiopia because of his opposition to the controlling government. He testified that his fears are substantiated by articles he has read in the magazine Ethiopian Observer, detailing extrajudicial killings of opposition members. Mengistu also bases his fear upon general stories he has heard from other Medhin members relating the imprisonment of Medhin supporters who returned to Ethiopia. Men-gistu, however, offered no specific facts, such as names or dates, to support his general statements.

Mengistu also expressed his fear that he would not find work because of his affiliation with Medhin. Mengistu suspects that his opinions regarding the current government are known in Ethiopia because his former roommate has returned to Ethiopia to publish a magazine. Mengistu’s friend, Badege Bishaw, testified that if Mengistu returns to Ethiopia, he is in danger if the Ethiopian officials know of his affiliation with Medhin.

In addition to his fear that he may be discriminated against for his political views, Mengistu also fears that his daughter would be subjected to female genital mutilation (FGM) if they return to Ethiopia. Mengistu testified that the family controls whether a girl is subjected to FGM and that he could likely stop the procedure from occurring as long as he was not imprisoned. Abebe was a victim of FGM when she was a baby, and she testified that she would not allow her daughter to undergo FGM, even though she would be ostracized by her family.

The Immigration Judge (IJ) found that Mengistu and Abebe did not establish either past persecution or a well-founded fear of persecution should they return to Ethiopia. The IJ placed substantial weight upon the fact that Mengistu joined Medhin in late 1993, after applying for asylum on July 13, 1993. The IJ stated:

With regard to the respondent’s membership in the Medhin, the Court was struck at first by the fact that it appeared to be an act of “bootstrapping;” that is to say that the respondent joined an organization which is opposed to the present government of Ethiopia at a time when his own status in this country and his own right to stay in this country was at issue. It would seem to the Court very reddess to join an opposition party and then flaunt it when he faces possible deportation to that country unless it is a ploy to insure [sic] that he would face persecution so that the asylum claim would have to be granted.

However, the IJ did not specifically decide whether Mengistu’s membership in Medh-in was a ploy, because the IJ found that Mengistu had not established a well-founded fear of persecution were he and his family to return to Ethiopia.

The IJ relied upon the State Department Country Report on Ethiopia. The IJ found that, based on the 1994 Country Report, individuals who renounce violence were not likely to face persecution in Ethiopia, because the government was most [758]*758concerned with organizations that advocate the violent overthrow of the government. The IJ reasoned that because Mengistu was willing to renounce violence, it was unlikely he would suffer persecution. The IJ also noted that Mengistu’s participation in Medhin was minimal, as he only attended a conference.

The IJ ruled that there was not much of a threat of FGM being enforced upon Mengistu’s daughter. The IJ explained that because FGM is a decision made by the family, and as Mengistu and Abebe have decided not to allow their daughter to undergo FGM, the daughter faces no real threat of subjection to FGM.

Petitioners appealed to the BIA. The BIA issued a summary ruling adopting the Id’s decision.

II. STANDARD OF REVIEW

When the BIA issues a summary decision adopting the decision of the IJ, we review the IJ’s decision as the final agency decision. Falcon Carriche v. Ashcroft, 335 F.3d 1009, 1014 (9th Cir.2003). “Within broad limits the law entrusts the agency to make the basic asylum eligibility decision .... ” Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003) (citation omitted). The agency’s final decision is reviewed to determine whether it is supported by substantial evidence. Id. Specifically, we may overturn the BIA’s denial of asylum only if the applicant shows “that the evidence he presented was so compelling that no reasonable fact finder could fail to find the requisite fear of persecution.” Id. (citations omitted).

III. DISCUSSION

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