Belkhos v. Immigration & Naturalization Service

47 F. App'x 405
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 11, 2002
DocketNo. 00-3463
StatusPublished

This text of 47 F. App'x 405 (Belkhos v. Immigration & Naturalization Service) 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
Belkhos v. Immigration & Naturalization Service, 47 F. App'x 405 (7th Cir. 2002).

Opinion

ORDER

Abdelkrim Belkhos, a native and citizen of Algeria, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s denial of his application for asylum. In his asylum application, Belkhos claimed that he suffered past persecution and has a well-founded fear of future persecution because of his membership in the Islamic Salvation Front (“FIS”), an Islamic fundamentalist political group banned by the Algerian government. Because the immigration judge and the BIA concluded incorrectly that Belkhos had not suffered past persecution, we grant the petition for review, reverse the decision of the BIA, and remand for further consideration.

I. Background

Belkhos and his brother Youcef joined the FIS in 1990. Belkhos testified at his asylum hearing that the FIS sponsored a national labor stoppage in 1991 to protest the existing political regime in Algeria. Belkhos actively participated in this protest, helping to organize a labor strike at the chemical factory where he worked. In May 1991 government security forces arrested Belkhos, held him for twenty-four hours, and questioned him about the strike and the FIS members responsible for organizing it. Belkhos refused to answer their questions or to renounce the FIS.

Belkhos and his brother continued their FIS activities. They organized meetings and distributed literature on behalf of the FIS, and campaigned for FIS candidates in the Algerian elections to be held in late 1991 and early 1992. According to the U.S. Department of State’s 1992 Country Report for Algeria, the FIS won the first round of elections for the National Assembly that took place in December 1991. On January 11, 1992, the army, and certain army sympathizers within the government, forced the Algerian president to resign; the next day the new military establishment canceled the second round of national elections. A few days later, the army and police force installed a five-member High State Committee to preside over the Algerian government.

The Country Reports issued by the State Department in subsequent years paint a grim picture of the human rights situation in Algeria. As many as 3,000 Algerian citizens disappeared in January and February 1992; most were discovered many months later in detention camps. According to the 1994 Country Report, the military establishment banned the FIS shortly after taking power and declared FIS activities illegal. Most FIS leaders were jailed. The government arrested, detained, and imprisoned FIS members, members of other, more radical Islamic organizations, and individuals suspected of terrorist activities. Special anti-terrorist courts were established to prosecute terrorists and those who sympathized with the Islamic fundamentalist agenda. In 1993 these courts handed down over 300 death sentences, more than half of them in absentia. Armed conflict between the military establishment and guerilla groups who sought to overthrow the government escalated after the coup and continues today. Every Country Report issued by the State Department from 1993 through 2001 remarks that the military arbitrarily detains citizens and that many of these detainees have been tortured or [407]*407MUed. According to the 2001 Country Report, approximately 100,000 Algerians have died since the conflict began in 1992.

At his asylum hearing, Belkhos testified that military authorities arrested Belkhos and his brother in February 1992 on the basis of their past and current FIS activities. Belkhos claimed that he was detained for two days at police headquarters, where his interrogators tortured him with electric shocks. The police also forced Belkhos to drink contaminated toilet water and insulted members of his family. The authorities held Belkhos’s brother for eight months in a prison camp in the middle of the Sahara Desert.

Belkhos testified that he lost his job because he participated in the labor strike in 1991. He said that he went to Italy in the spring of 1992 to work and returned in June 1993. Belkhos explained that he believed Italy did not welcome North African immigrants and that it would be better to come to the United States.

Belkhos entered the United States in October 1992 on a six-month tourist visa. In the spring of 1993, Belkhos received letters from his wife and brother in Algeria, warning him that military authorities were looking for him. One of the letters told Belkhos that the special anti-terrorist court had sentenced him in absentia to a prison term of one and a half years; the letter did not specify what charges had been brought against him.1

Belkhos overstayed his visa, and the Immigration and Naturalization Service (“INS”) began deportation proceedings in May 1993. At a hearing on October 13, 1993, Belkhos conceded his deportability but requested asylum under section 208(a) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1158(a), asserting that, because of his affiliation with the FIS, he would be persecuted if he returned to Algeria. An immigration judge held a hearing in April 1994 on the merits of Belkhos’s asylum application. Belkhos testified that he had been detained, abused, and tortured by Algerian authorities on account of his FIS membership. He also offered into evidence the letters he received from his wife and brother.

The immigration judge denied Belkhos’s application. Although the immigration judge believed Belkhos’s testimony regarding his arrest and torture in February 1992, he did not believe that this isolated episode rose to the level of past persecution:

[T]his was a difficult case to decide.... I certainly believed his [Belkhos’s] testimony concerning the physical abuse that he received during that one incident in February, 1992. Now the question is, is that sufficient standing alone to constitute past persecution and, if it is not, does the respondent have a reasonable possibility of future persecution.

Nor did the judge believe that Belkhos had a well-founded fear of future persecution; the judge observed that Belkhos’s immediate family in Algeria had come to no harm in his absence, that he had voluntarily returned to Algeria from Italy in 1992 after his arrest and torture, and that it was “just speculation on the respondent’s part that he’s being sought in Algeria for his political activities.” In August 2000 the BIA dismissed Belkhos’s appeal of this ruling, adopting the decision of the immigration judge.

II. Analysis

Where, as here, the BIA summarily adopts the decision of the immigration judge, we review the immigration judge’s factual findings and reasoning as though [408]*408they were the Board’s. Mousa v. INS, 228 F.3d 425, 428 (7th Cir.2000). We therefore review the immigration judge’s asylum determination under the substantial evidence test. Id. We will refrain from disturbing the immigration judge’s factual findings unless the record lacks substantial evidence in support of them. Id.

Belkhos argues that the immigration judge’s determination that he did not have a well-founded fear of persecution by Algerian authorities was not supported by substantial evidence. According to Belkhos, his arrest and torture and his membership in the FIS, combined with current country conditions in Algeria, demonstrate a likelihood that he would experience future persecution upon return and that he therefore should be granted asylum.

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