Anthony Michael Akapo v. U.S. Attorney General

299 F. App'x 873
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 5, 2008
Docket08-10939
StatusUnpublished
Cited by1 cases

This text of 299 F. App'x 873 (Anthony Michael Akapo v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony Michael Akapo v. U.S. Attorney General, 299 F. App'x 873 (11th Cir. 2008).

Opinion

PER CURIAM:

Petitioners Anthony Michael Akapo (“Akapo”) and his wife, Eugenia Cecilia Akapo, are natives and citizens of Sierra Leone. They seek review of the decision of the Board of Immigration Appeals (“BIA”) affirming the decision of an Immigration Judge (“LJ”) ordering their removal and denying them withholding of removal under the Immigration and Nationality Act (“INA”). 1 They argue that the IJ and Board erred in finding that they failed to establish eligibility for asylum and withholding of removal because Akapo established past persecution, a well-founded fear of future persecution, and proved that it is more likely than not that he would be persecuted if returned to Sierra Leone.

“We review only the [BIA’s] decision, except to the extent that it expressly adopts the IJ’s opinion. Insofar as the [BIA] adopts the IJ’s reasoning, we will review the IJ’s decision as well.” Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir.2001) (citation omitted). Here, the BIA adopted the IJ’s opinion to the extent that it set out Akapo’s testimony and the other evidence in the record. Accordingly, we will review the BIA’s decision except to the extent that the IJ’s decision set out the facts. See id.

We review a BIA’s factual determinations under the highly deferential substantial evidence test and “must affirm the BIA’s decision if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Id. (quotation omitted). We may reverse a finding of fact by the BIA “only when the record compels a reversal; the mere fact that the record may support a contrary conclusion is not enough to justify a reversal of the administrative findings.” Adefemi v. Ashcroft, 386 F.3d 1022, 1027 (11th Cir.2004) (en banc). We review the BIA’s legal determinations de novo. Lopez v. U.S. Att’y Gen., 504 F.3d 1341, 1344 (11th Cir.2007).

An alien who arrives in or is present in the United States may apply for asylum. INA § 208(a)(1), 8 U.S.C. § 1158(a)(1). The Attorney General or Secretary of the Department of Homeland Security has discretion to grant asylum if the alien meets the INA’s definition of a “refugee.” INA § 208(b)(1), 8 U.S.C. § 1158(b)(1). A “refugee” is

any person who is outside any country of such person’s nationality ... and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, *875 religion, nationality, membership in a particular social group, or political opinion ...

8 U.S.C. § 1101(a)(42)(A). The asylum applicant bears the burden of proving that he qualifies as a “refugee.” 8 C.F.R. § 208.13(a). To meet this burden, “the applicant must, with specific and credible evidence, establish (1) past persecution on account of a statutorily protected ground or (2) a well-founded fear of future persecution on account of a protected ground.” Mejia v. U.S. Att’y Gen., 498 F.3d 1253, 1256 (11th Cir.2007).

“An applicant who has demonstrated past persecution is presumed to have a well-founded fear of future persecution.” Id. at 1257; 8 C.F.R. § 208.13(b)(1). The presumption can be rebutted by a showing that “there has been a fundamental change in circumstances such that the applicant no longer has a well-founded fear of persecution” or the “applicant could avoid future persecution by relocating to another part of the applicant’s country of nationality.” 8 C.F.R. § 208.13(b)(l)(i).

To establish a well-founded fear of future persecution, the applicant “need only show that there is a reasonable possibility of suffering such persecution if he or she were to return to that country.” Mejia, 498 F.3d at 1256 (quotation and alteration omitted). The applicant must establish a fear that is both “subjectively genuine and objectively reasonable.” Al Najjar, 257 F.3d at 1289. “The subjective component is generally satisfied by the applicant’s credible testimony that he or she genuinely fears persecution.” Id. “[T]he objective prong can be fulfilled either by establishing past persecution or that he or she has a good reason to fear future persecution.” Id. (quotation omitted). An applicant must establish a nexus between a statutorily protected ground and the feared persecution and can do so by presenting “specific, detailed facts showing a good reason to fear that he or she will be singled out for persecution on account of’ such ground. Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1231 (11th Cir.2005). An applicant does not have to prove he would be singled out if he can establish a pattern or practice of persecution of a group of which he is a member. 8 C.F.R. § 208.13(b)(2)(iii). “Once the applicant makes an initial showing of fear of future persecution, the government may rebut the applicant’s evidence by demonstrating, based upon a preponderance of the evidence, that the applicant could avoid future persecution by relocating within the country if, under all the circumstances, it would be reasonable to expect the applicant to do so.” De Santamaria v. U.S. Att’y Gen., 525 F.3d 999, 1008 (11th Cir. 2008) (quotation omitted).

An alien is entitled to a withholding of removal if the Attorney General decides that the “alien’s life or freedom would be threatened ... because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion.” INA § 241, 8 U.S.C. § 1231(b)(3)(A), 8 C.F.R. § 208.16(b). An alien bears the burden to show that it is “more likely than not she will be persecuted or tortured upon being returned to her country.” Sepulveda, 401 F.3d at 1232 (quotation omitted). This standard is more stringent than the “well-founded fear” standard for asylum. Id.

Like in asylum claims, an alien who shows past persecution is entitled to a presumption that his or her life or freedom would be threatened upon removal, subject to rebuttal by the INS. 8 C.F.R. § 208

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Anthony Michael Akapo v. U.S. Atty. Gen.
377 F. App'x 901 (Eleventh Circuit, 2010)

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299 F. App'x 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-michael-akapo-v-us-attorney-general-ca11-2008.