Diallo v. Mukasey

268 F. App'x 373
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 25, 2008
Docket06-4445
StatusUnpublished
Cited by8 cases

This text of 268 F. App'x 373 (Diallo v. Mukasey) 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
Diallo v. Mukasey, 268 F. App'x 373 (6th Cir. 2008).

Opinions

AMENDED OPINION

RONALD LEE GILMAN, Circuit Judge.

Cherif Diallo, a native and citizen of Guinea, applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). She claimed that she had been subjected to female genital mutilation (FGM) as a young child, and that she was arrested, beaten, and raped on account of her political activities as an adult. After a hearing, an immigration judge (IJ) found her fear of future persecution not to be credible and ordered [374]*374that she be deported. The Board of Immigration Appeals (BIA) summarily affirmed the IJ’s decision. For the reasons discussed below, we AFFIRM the judgment of the BIA.

I. BACKGROUND

Diallo arrived in the United States from Conakry, Guinea on an international flight in June of 2002. She was then 28 years old. When an immigration inspector at the Washington-Dulles International Airport identified problems with her passport and visa, he began to interview her through a French interpreter because an interpreter who spoke Diallo’s native language of Fulani was not available. Diallo, who is fluent in French, said that the interpreter “did not speak French well,” so the inspector secured a second French interpreter by phone.

According to Diallo’s sworn statement, the inspector began by explaining to Diallo that she appeared to be inadmissible, but that U.S. law provides protection to persons who face persecution or harm upon return to their home country. The inspector also told Diallo that, if she feared returning to Guinea, she could have a separate, confidential interview with another immigration officer regarding her fear. When the inspector asked Diallo if she understood what he had said, she answered, “Yes.”

The inspector then proceeded to question Diallo regarding her identity, passport, visa, and reasons for coming to the United States. According to her statement, Diallo told the inspector that she had come to the United States to attend school in Washington, D.C. Her visa, however, did not include the name of a school. She told the inspector that she did not know the name of the school or how long she would stay in the United States because she had not yet contacted the school. Diallo also said that she did not know when she was to start school, only that she was to begin “after [she] checked the different schools.” The inspector then asked Diallo about some of the items that she had in her possession, including pills, a secure keycard, and a document in French titled “Materiels Du Labo Boimedieal.”

At the end of the interview, the inspector asked Diallo, “Do you have any fear or concern about being returned to your home country or being removed from the United States?” Diallo answered, “I am not afraid.” A sworn statement was prepared in English on Immigration and Naturalization Services (INS) Form I-867A, as required by 8 C.F.R. § 235.3(b)(2). Diallo initialed each page and signed the document. The inspector did the same, and a witness signed the overall document. Diallo was then returned to Guinea.

Three months later, in September of 2002, Diallo again flew to the United States and this time was admitted, apparently because her new visa specified the school that she planned to attend. She subsequently filed a timely application for asylum, withholding of removal, and protection under the CAT. Diallo claimed asylum based on persecution due to her political activities and because she was forcibly subjected to FGM as a young child.

In her asylum application, Diallo recounted two incidents of political persecution. The first allegedly occurred during municipal elections in June of 2000, when Diallo said that she worked as a polling monitor on behalf of the Union for the New Republic (the UPR), an opposition party that represents her ethnic group. According to Diallo, members of the PUP governing party (its initials are not explained in the record) arrived at the polling station, said that they were going to vote for people who were not present, and [375]*375began “filling up the boxes with ballots.” When Diallo and others allegedly protested, they were arrested, accused of manipulating the votes in favor of the UPR, interrogated, and taken to a police station. Diallo said that she was then beaten and raped by two soldiers. She claims that she was released 18 days later and was forced to sign a document stating that she would not participate in any future demonstrations or political party activities.

The second incident allegedly occurred in November or December of 2001. While protesting conditions at Nasser University, where she was a student, she claims that she was again arrested, beaten, and interrogated by some soldiers. The soldiers allegedly told her that she had been arrested for political reasons and warned her to quit her political activities. She said that she was released on or before December 31, 2001 and was required to report to the police every two weeks thereafter, which she purportedly did.

Diallo’s claim for asylum is also based on the fact that she was forced to undergo FGM when she was five or six years old. FGM is defined by the World Health Organization as “all procedures which involve partial or total removal of the external female genitalia or other injury to the female genital organs whether for cultural or any other non-therapeutic reasons.” Diallo submitted an affidavit from an INS doctor corroborating her FGM claim. She also claims that she fears that any daughters she might have could also be subjected to FGM, but conceded that she does not presently have any daughters.

Diallo met with an asylum officer in January of 2003 to discuss her application. During the interview, Diallo recounted her claims of political persecution, but did not discuss her FGM claim. The interview was conducted in Diallo’s native language of Fulani through an interpreter that Dial-lo provided. When asked why she left Guinea in September of 2002, she said that she “had a problem with the PUP party” due to her UPR affiliation. Diallo also told the asylum officer that, after she was returned to Guinea in June of 2002 and until she entered the United States in September of 2002, she attended classes at Nasser University and did not encounter any problems because “there were no events that caused trouble.”

At the end of the interview, the asylum officer questioned Diallo about her inconsistent statements regarding her fear of returning to Guinea:

Officer: When you gave your statement at the airport on June 21, 2002, you said you were not afraid to return to Guinea, and mentioned nothing about any political activities or persecution you suffered. Why is your story so different now?
Diallo: When I arrived at the airport, they told me that my passport was fake, that my visa did not have the address of my school in Washington, and they did not give me the chance to tell my story. They did not have a Fullah [sic] interpreter, and the woman interpreter did not speak French well. When they got an interpreter by telephone, I could not understand him well.

The asylum officer transcribed the interview by hand and prepared a statement that Diallo signed, attesting that it was read to her in her native language, and that it is a true, complete, and correct statement.

An asylum hearing before an IJ commenced in December of 2004 and continued into March of 2005.

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268 F. App'x 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diallo-v-mukasey-ca6-2008.