Blaise Mapouya v. Alberto R. Gonzales

487 F.3d 396, 2007 U.S. App. LEXIS 11615, 2007 WL 1452233
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 18, 2007
Docket06-3042
StatusPublished
Cited by163 cases

This text of 487 F.3d 396 (Blaise Mapouya v. Alberto R. Gonzales) 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
Blaise Mapouya v. Alberto R. Gonzales, 487 F.3d 396, 2007 U.S. App. LEXIS 11615, 2007 WL 1452233 (6th Cir. 2007).

Opinions

POLSTER, D.J., delivered the opinion of the court, in which MARTIN, J., joined. CLAY, J. (pp. 416-23), delivered a separate dissenting opinion.

OPINION

DAN AARON POLSTER, District Judge.

Blaise Mapouya petitions for judicial review of an order rendered by the Board of Immigration Appeals (“BIA”) denying his application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment of Punishment (“The Convention” or “Convention”). For the reasons set forth below, we VACATE 'and REMAND this case to the BIA for further proceedings.

I. BACKGROUND

Blaise Mapouya1 is an ethnic Mbochi born in Brazzaville, Congo on January 4, 1970. He fled Congo on March 20, 1999, and eventually entered the United States illegally through New York City on August 3, 2002, using a borrowed passport. Ma-pouya made his way to Memphis, Tennessee, and in October 2002, he filed an application for asylum, withholding of removal, and relief under The Convention.2 On the application, Mapouya claimed asylum [402]*402based on political opinion. After recounting that Mapouya was subjected to violence and torture in the days of the 1997-98 Congolese civil war, the application included Mapouya’s assertion that he would not return to Congo as long as Denis Sassou-Nguesso is president, “because I do not want to put my life in danger.”

In April 2003, the INS charged that Mapouya was removable from the United States because he entered the country illegally. At the initial hearing before the Immigration Judge (“IJ”) in July 2003, Mapouya, through counsel, admitted the INS charge and conceded his removable status. On May 3 and 6, 2004 the IJ conducted a hearing on Mapouya’s requests for relief. Mapouya produced evidence in support of his application including: the 2003 Department of State Country Report on Human Rights Practices for the Congo; several Amnesty International reports or documents; a United Nations High Commissioner for Refugees (“UNHCR”) attestation letter issued in Gabon; his birth certificate; and two letters from individuals still living in Congo. Mapouya presented one witness, Ibrahima Viong, and Mapouya also testified on his own behalf.

A recounting of recent events is necessary to better understand the details of Mapouya’s testimony. In the second half of 1997, violence and civil war returned to the Republic of Congo3 (hereinafter “Congo”) when Sassou-Nguesso, the country’s former military strongman, ousted the country’s first democratically elected president, Pascal Lissouba.4 Sassou-Nguesso, who had ruled Congo previously from 1979-91 after a coup, once again seized power militarily in October 1997 after several months of vicious fighting between government and militia troops loyal to Lis-souba on one side, and Sassou-Nguesso’s forces on the other.5 Angolan troops also crossed the southern border and intervened at different places on Sassou-Nguesso’s behalf, including in the capital city of Brazzaville, which is located in the southeast region of the country.

Strong ethnic overtones are present in Congolese politics, and the 1997-98 civil war was no different. Generally, the conflict can be characterized as pitting northerners, who supported Sassou-Nguesso and his Congolese Labour Party (“PCT”), against southerners, who supported former President Lissouba and former Prime Minister Bernard Kolelas. The Mbochi, which are one of the larger Bantu ethnic groups, are located primarily in the northern regions of Congo. Accordingly, the Mbochi are traditionally strong Sassou-Nguesso supporters, especially because Sassou-Nguesso is Mbochi as well. Conversely, supporters of Lissouba and his Pan-African Union for Social Development party (the translated acronym for which is “UPADS”) are primarily southern Congolese tribes, which are mainly Lari ethnic groups. Any divergence from these ethnic-political affiliations, while not unheard of, is rare. Mapouya appears to be one of these few exceptions.

With this background in mind, Mapou-ya’s testimony is as follows.

[403]*403In October of 1997, Mapouya was living in Brazzaville and working as a housekeeper in the home of Albert Yangari, a Lari tribe member. While Yangari’s official position is unknown, he was apparently a prominent Lissouba supporter and/or a high-ranking UPADS party official who worked directly under Lissouba. On October 15, 1997, approximately fifty armed soldiers in green uniforms broke into Yan-gari’s house while Mapouya was there working. The intruders arrested Yangari and then summarily executed him. The men also shot and killed Yangari’s wife and children. The soldiers arrested Ma-pouya as well, but when they learned he was Mbochi they did not kill Mapouya. Instead, the soldiers — who were also Mbo-chi — took him into custody and transported him to the central jail in Brazzaville. Mapouya’s wife and child were not in Brazzaville at the time; Mapouya had previously requested Yangari’s help to get his family out of the country in light of the surging violence a few months earlier.

The cell in which Mapouya was detained and held without counsel was extremely overcrowded and contained no furniture or bathroom facilities (aside from two tin cans which were to be used as toilets). Mapou-ya only left this cramped and crowded cell when soldiers came to take him into the basement for interrogation. The questioning centered around Mapouya’s role with the UPADS and Yangari’s relationship with Lissouba. When Mapouya told his captors he was just a regular UPADS member and knew nothing about his boss’s activities, he was accused of lying. Consequently, the soldiers beat and tortured Mapouya with clubs and sticks. The beating lasted about an hour.

Mapouya was detained for three months, during which time he was similarly interrogated and beaten every morning. His captors finally released Mapouya because they had nothing with which to charge him, but they ordered Mapouya to remain within Brazzaville. To ensure that Mapou-ya followed their order to stay in the city, the soldiers also ordered him to report to the police station every week. Mapouya complied with the soldiers’ orders initially, but each time he reported back to the police station, the soldiers threatened to kill him if he was not truthful. The soldiers also beat Mapouya during these visits to the police station, and after three consecutive weeks of the same treatment, Mapouya refused to report any further.

Government troops appeared at Mapou-ya’s home in February of 1998, less than one month after his last report to the police station. They accused Mapouya of supporting Lissouba, and forcefully took him back into custody. The soldiers beat Mapouya when arresting him, and then again after they reached the central prison in Brazzaville. Mapouya was dumped in a cell without windows or furniture, along with approximately fifteen other detainees. Once a week Mapouya’s captors would take him from the cell to a special torture room, where he was interrogated about his former boss’s relationship with Lissouba. Although his captors and tormentors were also Mbochi, Mapouya “had a problem because of [his] boss.”

Mapouya remained in custody without charge, subject to weekly torture sessions, for eleven months, at which point he was released. The soldiers, before releasing him, confiscated Mapouya’s passport and the documents he held evidencing ownership of his house.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mekhriniso Razikova v. Eric Holder, Jr.
596 F. App'x 484 (Sixth Circuit, 2015)
Ying Chen v. Eric Holder, Jr.
580 F. App'x 332 (Sixth Circuit, 2014)
Anees Fahmy v. Eric Holder, Jr.
576 F. App'x 524 (Sixth Circuit, 2014)
Sebastian De Leon-Reynoso v. Eric Holder, Jr.
573 F. App'x 531 (Sixth Circuit, 2014)
Laxman Thapa v. Eric Holder, Jr.
572 F. App'x 314 (Sixth Circuit, 2014)
Lyubov Slyusar v. Eric Holder, Jr.
740 F.3d 1068 (Sixth Circuit, 2014)
Jose Torres-Vaquerano v. Eric Holder, Jr.
529 F. App'x 444 (Sixth Circuit, 2013)
Alexander Arestov v. Eric Holder, Jr.
489 F. App'x 911 (Sixth Circuit, 2012)
Joyce Mushayahama v. Eric Holder, Jr.
469 F. App'x 443 (Sixth Circuit, 2012)
Elizabeth Gomez-Romero v. Eric Holder, Jr.
475 F. App'x 621 (Sixth Circuit, 2012)
Shan Lin v. Eric Holder, Jr.
454 F. App'x 472 (Sixth Circuit, 2012)
Daniel Roblero-Berduo v. Eric Holder, Jr.
439 F. App'x 532 (Sixth Circuit, 2011)
Antonio Ixcoy v. Eric Holder, Jr.
439 F. App'x 524 (Sixth Circuit, 2011)
Raul Castellanos-Salazar v. Eric Holder, Jr.
429 F. App'x 512 (Sixth Circuit, 2011)
Ardjan Vukaj v. Eric Holder, Jr.
426 F. App'x 387 (Sixth Circuit, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
487 F.3d 396, 2007 U.S. App. LEXIS 11615, 2007 WL 1452233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blaise-mapouya-v-alberto-r-gonzales-ca6-2007.