Bibata Boureima Mamane v. Loretta Lynch

637 F. App'x 874
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 8, 2016
Docket15-3128
StatusUnpublished
Cited by1 cases

This text of 637 F. App'x 874 (Bibata Boureima Mamane v. Loretta Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bibata Boureima Mamane v. Loretta Lynch, 637 F. App'x 874 (6th Cir. 2016).

Opinions

DAMON J. KEITH, Circuit Judge.

Petitioner Bibata Boureima Mamane (“Mamane”), a native and citizen of Niger, petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA affirmed the dismissal of Ma-mane’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We DENY Mamane’s petition for review.

I. BACKGROUND

The facts underlying Mamane’s claim are controverted, as the Immigration Judge (“IJ”) determined that her testimony was not credible. Mamane testified to the following:

Mamane was born in Niger in 1986. After her mother' and father passed away in 2000 and 2003, respectively, she became the sole caregiver to her four siblings. She and her siblings received assistance from a non-government organization called MICA; Mamane also volunteered for the organization.

In 2007, Mamane joined a human rights organization called • Movement Participative for the Promotion for Human Rights and Democracy in Niger (“MPPDHD”). She testified that her job was to “emancipate the women in political agenda about their rights in Niger.” She also testified that the purpose of MPPDHD was to “sensitize the Niger people about their right[s], [and] about [] democracy.... ” Mamane’s work with MPPDHD entailed traveling to rural regions of Niger to speak with and educate the village women about their rights. She would stay in the village until she finished [877]*877speaking with all the women in the village, which could take one to three months.

Mamane testified that her problems with the police in Niger started in August 2009. However, she had previously testified that she came to the United States in March 2009 and had not left since then. She later changed her testimony and stated that her problems with the police in Niger began in August 2008. Mamane testified that in July 2008, MICA sponsored Mamane’s travel from Niger to Chicago, Illinois, to attend a six-week conference that focused on the education of women. She returned to Niger in August 2008. Five days after her return to Niger, she began receiving text messages on her cell phone stating that if she did not stop her activity, presumably with MPPDHD, then she would be caught and “something” would be done to her. She could not identify the phone number sending the messages, and she testified that she did not understand what the sender meant or who the sender was. Mamane stated that she received the messages for approximately three months, but that at the time, she did not think there would be a problem. However, Mamane also testified that she showed the messages to people at MPPDHD and was told that they were “nothing.” Mamane testified that she thereafter “dropped her cell phone in the water in Niger.”

Mamane testified that on February 10, 2009, she was meeting with a group of women in the village of Gani Koara when the police arrived and immediately started shooting tear gas into the group. Mamane attempted to flee but was caught and beaten. She claims that the police beat her with sticks and kicked her. As the police beat her, they told her that they had been sending the text messages telling her to stop, but that she did not listen. After beating her in the village, about four police officers put her in their vehicle and drove her to another location. Once at the new location, the police continued to beat her and demanded that she remove her clothes. She initially refused, but after they continued to beat her, she complied, believing they would kill her. Mamane lost consciousness and does not recall what happened after she removed her clothes. She testified that she regained consciousness around 7:00 p.m. After she awoke, she put her clothes back on and started walking. She ran into a man who assisted her to a hospital.

Mamane testified that she went to the Talladje Doctor’s Office, but the medical report noted that she was seen at the Regional Hospital Center of Niamey, not the Talladje Doctor’s Office. ' After Ma-mane reported to the doctor what happened, he conducted an examination. Ma-mane testified that she suffered a bloody and swollen nose, cuts on her face and arms, and bruises all over her body. The written' doctor’s report that she received two weeks later, however, stated that the doctor only observed “nail scratching of the upper part of the thorax.” A psychological report based on an evaluation conducted in the United States in 2012 noted that Mamane scratches herself. Mamane subsequently informed MPPDHD of the beating, and the organization urged her to keep working. She then changed her testimony and said that MPPDHD gave her the option of not going back to work. She continued to work for MPPDHD.

Mamane testified that she never reported the February 2009 incident to the police, but the IJ noted that the medical report regarding the incident stated that the chief of police was responsible for having Mamane examined. Mamane testified that she did not know why the report would say that.

[878]*878Mamane testified that on March 1, 2009, while she was meeting with a group of women in the village of Goudel, the police arrived. Again, they immediately started shooting tear gas into the crowd of women. Mamane attempted to flee but was unsuccessful. The police began to beat her with sticks and kick her, telling her that she had not listened to their advice. About four police officers then put her in their vehicle and drove to another location. Once at the second location, the police continued to beat Mamane. They demanded she remove her clothes. She initially refused, but complied after they continued to beat her. She lost consciousness after removing her clothes. She testified that it was around 7:00 p.m. when she woke up. When she awoke, she again found someone to assist her to a hospital. Mamane stated that she suffered a bloody and swollen nose, as wells as cuts to her arms, legs, and feet. However, the doctor’s report from this incident stated that Mamane was seen for “general muscular pains.” Mamane again informed MPPDHD about the beating. This time, the organization informed her that it feared for her life and advised her to leave Niger. Mamane’s uncle, who worked for the police, informed her that he could not help her. He did, however, buy her a plane ticket to leave Niger. She arrived in New York on March 28, 2009, on a visitor visa.

On November 12, 2009, Mamane filed her application for asylum, withholding of removal, and protection under the CAT with the Department of Homeland Security. Mamane did not mention the March incident in her original application, although she did submit information regarding the March incident at a later date. Her application was referred to the Immigration Court with a Notice to Appear (“NTA”) date of January 27, 2010. The IJ held a preliminary hearing on May 12, 2010, at which time Mamane admitted to the allegations in the NTA and conceded removability. She renewed her request for asylum, withholding of removal, and protection under the CAT. On March 7, 2012, the IJ held a full evidentiary hearing.

On December 4, 2012, the IJ denied all forms of relief and ordered Mamane’s removal to Niger. In denying Mamane’s application, the IJ found that “overall [Ma-mane] [was] not a credible witness.” Specifically, the IJ took issue with what he characterized as Mamane’s unresponsive, implausible, inconsistent, or conflicting testimony.

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Bluebook (online)
637 F. App'x 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bibata-boureima-mamane-v-loretta-lynch-ca6-2016.