Ghenet Naizghi v. Loretta Lynch

623 F. App'x 53
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 10, 2015
Docket13-2511, 14-1530
StatusUnpublished
Cited by1 cases

This text of 623 F. App'x 53 (Ghenet Naizghi v. Loretta Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ghenet Naizghi v. Loretta Lynch, 623 F. App'x 53 (4th Cir. 2015).

Opinions

Petitions for review denied by unpublished PER CURIAM opinion.

Chief Judge TRAXLER wrote a dissenting opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ghenet Debesai Naizghi (“Petitioner”) fled Eritrea in 1994, lived in Italy until 2009, and then applied for United States asylum status in 2010. The Government opposed Petitioner’s request for asylum, arguing that she was firmly resettled in Italy and, therefore, barred from asylum relief. Specifically, the Government argued that Petitioner was firmly resettled because she was eligible to apply for Italian citizenship; secured an Italian work permit; and was able to travel, work, and obtain medical care in Italy. For these reasons, the Immigration Judge (“IJ”) and the Board of Immigration Appeals (“Board”) denied Petitioner’s request. Petitioner sought review by this court. Because we believe the Board’s decision is supported by substantial evidence, we deny the petitions for review.

I.

Petitioner and her family are Pentecostal Christians, and Petitioner’s father was a Pentecostal preacher. Because of their religion, Petitioner and her family suffered persecution by the Eritrean government. In 1993, Eritrean soldiers abducted Petitioner’s father, and in 1994, soldiers forcibly entered Petitioner’s home and abducted her brother. Petitioner has not seen or heard from her father or brother since.

Petitioner obtained travel documents and fled to Italy in 1994. She had no legal status and no family or social connections in Italy when she arrived. She managed to find work as a housekeeper and eventually applied for asylum. But for reasons absent from the record, the Italian government denied her asylum ap[55]*55plication. Therefore, Petitioner resided in Italy unlawfully from 1994 to 1996. Petitioner applied for a living subsidy from the Italian government, which was also denied. In 1996, Petitioner obtained a temporary work permit, which initially had to be renewed every year but later became renewable every other year. According to Petitioner’s testimony during her asylum hearing, she was required to show proof of employment and to pay taxes in order to renew the temporary work permit. Nonetheless, even at times when Petitioner was not employed, Italy consistently renewed her work permit over a period of 12 years. As such, Petitioner was able to reside in Italy from 1996 to 2008 on a string of temporary work permits. When she could afford rent, Petitioner rented a room in an apartment; when she could not, she lived with a nun.

Although her testimony was not supported with specific references to Italian law, Petitioner testified that Italian law permits individuals who have resided in Italy for ten years to apply for citizenship. Thus, Petitioner claims she became eligible to apply for Italian citizenship in 2004. Two years later, in 2006, Petitioner applied for citizenship. According to Petitioner’s uncontroverted testimony, to complete the application process she was “required ... to go to the embassy of Italy in Eritrea and have [a] document translated and authenticated.” A.R. 150.2 Fearing that returning to Eritrea would expose her to the same fate that befell other members of her family, Petitioner submitted her application with all required forms except the authenticated document. Italy eventually rejected Petitioner’s citizenship application — its reason for doing so is not in the record.' However, Petitioner remained in Italy on her temporary work permit.

In 2008, while still in Italy, Petitioner was raped by patrons of the restaurant where she worked. By virtue of her temporary work permit, she received medical care at an Italian hospital. Petitioner’s testimony as well as the IJ’s findings indicate that the Italian government covered her medical expenses. Following the sexual assault, Petitioner traveled back to Eritrea on August 6, 2008, to be with her mother. At the time, she did not intend to return to Italy. While in Eritrea, Petitioner did not attempt to obtain the required form needed for Italian citizenship.

On August 18, 12 days after she arrived in Eritrea, Petitioner was attending a prayer meeting at her mother’s home. Government soldiers interrupted the meeting and demanded to question Petitioner. When she hesitated to comply, the soldiers dragged Petitioner out of the house and beat her. The soldiers then took her to another location, where they held her captive in a small, poorly ventilated structure. They beat, sexually assaulted, and starved her for eight days before her mother was finally able to successfully bribe the soldiers to release her.

On September 8, 2008, Petitioner fled once again to Italy, intending to use the country as a stepping-stone for entry into the United States. She arrived with no job, but she was later able to resume work as a housekeeper pursuant to her temporary work' permit, which remained active. In February 2009, the United States granted Petitioner a B-2 travel visa for a period of seven months. She left Italy for the United States on June 1, 2009. At that point, Petitioner had spent approximately 14 years in Italy. Petitioner claims [56]*56that after coming to the United States, her Italian legal documents, including her temporary work permit, were stolen.

Petitioner applied for asylum in the United States on March 4, 2010.3 The Government served Petitioner with a Notice to Appear on April 20, 2010, alleging she had overstayed her B-2 travel visa. Petitioner appeared before the IJ on April 30, 2012, and conceded her removability, but she requested asylum and withholding of removal. The Government did not oppose withholding of removal, but argued that Petitioner was subject to the firm resettlement bar to asylum. The Government relied on Petitioner’s testimony regarding Italy’s citizenship application process, the amount of time she lived in Italy, the renewal of her work permit, and her ability to receive subsidized medical care.

The IJ granted Petitioner’s application for withholding of removal but denied her asylum petition because it concluded that she had been firmly resettled in Italy before arriving in the United States and was, therefore, barred from asylum relief. On November 25, 2013, the Board affirmed the IJ’s finding of firm resettlement, providing its own analysis. Petitioner filed a timely petition for review with this court on June 4, 2014.4

II.

When the Board affirms the IJ’s opinion and supplements the IJ’s reasoning, as it did here, we review both opinions. See Cordova v. Holder, 759 F.3d 332, 337 (4th Cir.2014). We review for substantial evidence a Board’s decision that an individual ís firmly resettled. See Mussie v. U.S. Immigration & Naturalization Serv., 172 F.3d 329, 331 (4th Cir.1999). Under this standard, we treat the Board’s findings as conclusive “unless any reasonable adjudicator would be compelled to conclude to the contrary.” Cordova, 759 F.3d at 337 (internal quotation marks omitted).

III.

A.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) statutorily bars an alien from being eligible for asylum if he or she was “firmly resettled in another country prior to arriving in the United States.” 8 U.S.C.

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623 F. App'x 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ghenet-naizghi-v-loretta-lynch-ca4-2015.