Amba v. Lynch

657 F. App'x 599
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 27, 2016
DocketNo. 15-3747
StatusPublished

This text of 657 F. App'x 599 (Amba v. Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amba v. Lynch, 657 F. App'x 599 (7th Cir. 2016).

Opinion

ORDER

Milkiyas Amba, a 58-year-old native and citizen of Ethiopia, entered the United States on a nonimmigrant visitor visa on September 7, 2009. Two weeks later he applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). An asylum officer interviewed him and referred his application to an immigration judge. Amba thereafter overstayed his visa, triggering removal proceedings. Amba conceded re-movability but renewed his requests for asylum, withholding, and CAT protection. An immigration judge denied these claims for relief, finding Amba’s testimony insufficiently persuasive and lacking necessary corroboration. Alternatively, the immigration judge found that Amba’s testimony did not demonstrate that he had suffered persecution or reasonably feared persecution if forced to return to Ethiopia. The Board of Immigration Appeals (“BIA”) affirmed and ordered Amba removed, and he now seeks review of the agency’s decision. We deny the petition for review.

I. Background

Amba grew up in Wolaytá Sodo, in southern Ethiopia, but has lived in Addis Ababa, the nation’s capital, since the early 1990s. He is married with five children, and his family remains in Ethiopia. The factual backdrop for his persecution claim begins with his decision in 1977 to enlist in the Ethiopian military. Three years earlier the Ethiopian government was overthrown by a communist military junta known as “the Derg.” When Amba enlisted in the [601]*601Derg military, the junta was attempting to pacify a rebellion in parts of present-day Eritrea, which was then formally Ethiopian territory.

In his testimony before the immigration judge, Amba gave the following account of his service in the Derg military and his return to civilian life. He was initially stationed in an artillery battery in Barentu, an area that saw intense fighting between the Derg military and Eritrean rebel forces. In July 1978 he was briefly transferred from his artillery post to work as a translator between Soviet military advisors and the Derg military, but after about a month, he returned to Barentu to help arrange civilian air transport into and out of the war zone. Amba served there-for a little less than a year before traveling to then-Soviet Ukraine for training in “psychology and military pedagogy.” When he finished this training, he was assigned a “political guidance position” teaching history, philosophy, and discipline to Ethiopian soldiers.

Amba served in the Derg military until 1991 when the junta was overtaken by the Ethiopian People’s Revolutionary Democratic Front. At that point Amba defected from the military and returned to his hometown in southern Ethiopia. He was thereafter instructed to report to the new regime. The first time he did so he was simply asked to turn over his gun, but the second time he was arrested and imprisoned along with others who served in the Derg military. He bailed out 15 days later, but spent just two days with his family before he was again arrested and- taken to a windowless warehouse that was used to incarcerate about 500 other prisoners. He was kept there for five months. Conditions were unsanitary, and no medical treatment was available for the prisoners, who received only malaria tablets and two meals a day provided by the Red Cross. His confinement was punctuated with threats from the guards, who regularly made the prisoners sit outside in the punishing sun for extended periods of time. Apart from these poor conditions, however, Amba was not physically harmed.

By the time Amba was released, he was “very, very sick” from the unsanitary conditions in the warehouse. He returned to his family home in southern Ethiopia, recuperated there, and then moved to Addis Ababa to look for work. He first found a job teaching language courses to Americans and a few years later was hired as an assistant administrator at a hospital largely funded by American, British, and Australian donors. In 2007 Amba left his job at the hospital to work for Bethany Christian Services, an international Christian aid organization that needed Ethiopians to form the local branch of the organization because the government would not permit foreigners to do so. As the organization’s country director, he managed the Ethiopian operations, which included working with American visitors and foster parents. In 2008 Bethany Christian Services flew him to the United States for job training.

Amba also spent some of his time in Addis Ababa volunteering with Africa Peace and Conflict Management, a now-defunct organization that worked to resolve conflicts in Ethiopia’s border regions. Africa Peace was led by Bógale Ashango, a childhood classmate of Amba’s, and was-the subject of harassment by the Ethiopian government. Amba began his involvement with Africa Peace in 2004. He testified that in 2005 Ashango told him that security agents for the Ethiopian government broke into his (Ashango’s) office to threaten him and confiscate his documents.

Amba testified that in early June 2009, he was the victim of similar harassment. Two men who appeared to be soldiers in the Ethiopian army forcibly entered his [602]*602office at Bethany Christian Services and accused him of conspiring against the Ethiopian government. They threatened to harm him if he refused to stop opposing the regime and warned him not to tell anyone about the incident. This threat occurred during the election season when security forces were attacking people suspected of opposing the regime. Amba testified that he thought the government targeted him because his work involved interacting with many foreigners and because of his 2008 travel to the United States. Amba told three other people about this incident: his wife, his friend Ashango, and a coworker named Sisay Kassaye. He testified that Kassaye advised him to flee the country.

Amba said that he then took a month-long break from his job with Bethany Christian Services and formally quit the organization in July 2009. He departed for the United States in September 2009 using the unexpired visa he had obtained for his earlier trip with Bethany Christian Services.

The immigration judge found Amba’s testimony generally credible but noted a handful of inconsistencies between it and earlier statements Amba had given to the asylum officer. First, Amba told the asylum officer that he had witnessed civilians being harmed by the military while he was stationed in Barentu. In his testimony before the immigration judge, he denied seeing any civilian casualties while stationed in Barentu. Second, Amba’s résumé states that he worked at Bethany Christian Services until September 2009. He told the asylum officer a different story: He said that after the June 2009 break-in, he lived at home and went to work at the office in the evening. Neither version is consistent with Amba’s testimony at the removal hearing. He told the immigration judge that he took a month-long leave from Bethany Christian Services after the June break-in and formally quit the organization in July 2009.

Third, Amba told the asylum officer that he had last spoken with his children a month before the asylum interview. When asked why he hadn’t been in contact with them since then, Amba said he felt like he “should get acquainted here—it is financially expensive to call them.” But at the hearing Amba gave a different explanation for his lack of communication with his family and friends back home.

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Cite This Page — Counsel Stack

Bluebook (online)
657 F. App'x 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amba-v-lynch-ca7-2016.