Haddad v. Attorney General of the United States

230 F. App'x 206
CourtCourt of Appeals for the Third Circuit
DecidedMay 10, 2007
Docket06-1500
StatusUnpublished

This text of 230 F. App'x 206 (Haddad v. Attorney General of the United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haddad v. Attorney General of the United States, 230 F. App'x 206 (3d Cir. 2007).

Opinion

OPINION

HANSEN, Circuit Judge.

Nabil Haddad seeks review of an order of the Board of Immigration Appeals (“BIA”) affirming the August 9, 2004, Order of the Immigration Judge (“IJ”) denying his petition for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction to review the petition pursuant to 8 U.S.C. § 1252(a) (2000), and we deny the petition for review.

Haddad is a 36-year-old native and citizen of Syria and is a Roman Orthodox Christian. He testified at his asylum hearing that although Syrians are required to join the Ba’ath Party at age 15, he refused to join on the advice of his older brother, Nedal. At the time, Nedal was a college student and opposed the dictatorship in Syria. In 1987, Haddad witnessed the arrest of Nedal by the Syrian Intelligence Service at their home, where Nedal was beaten, kicked, and taken away. The family was unable to locate Nedal for three years, and he spent six years in prison where he was tortured. Two of Haddad’s cousins were similarly arrested and imprisoned for several years.

Haddad attended college at the public university but eventually dropped out, feeling that he was under constant surveillance by the Syrian Intelligence Service. He joined the Syrian military to fulfill his compulsory service, where he claims he was discriminated against based on his Christian faith. He was given less leave time than other soldiers and was denied a request for one day of leave on Easter. Haddad testified that he was jailed in a military jail for one week shortly after he joined the military for refusing to join the Ba’ath Party. He was jailed a second time *208 following the denial of his request for leave time at Easter. Haddad testified that an argument ensued when he was denied the leave request, during which officers kicked and beat him, and then accused Haddad of cursing the system and the President. He was jailed for one month, during which he was forced to stand inside a tire and was beaten with a cable on several occasions.

Haddad was released from military service after two-and-a-half years, and he testified that he felt he had no alternative but to leave Syria. He fled to Lebanon, where he lived for six or seven years. He attended meetings of the Lebanese Militia, an organization that was critical of the Syrian government, and worked as a butcher. He returned to Syria twice a year to visit his mother during this time, bribing border officials for illegal entry and exit. Haddad testified that he eventually left Lebanon and went to his brother’s home in Syria when the Syrian Intelligence Service came to Lebanon looking for him. His brother helped him obtain a passport by bribing an official, although Haddad admitted that he was fingerprinted for the passport. Had-dad left Syria through the Damascus airport, again purportedly with the help of a bribed official, and fled to the Virgin Islands. He paid a smuggler to get him into the United States, but was apprehended by the United States Coast Guard when the boat used to smuggle him capsized off the Puerto Rican coast.

Haddad eventually sought asylum, withholding of removal, protection under the Convention Against Torture, and voluntary departure. A hearing was held before an IJ on August 9, 2004, who found that his testimony lacked credibility and denied his application. Haddad appealed to the Board of Immigration Appeals, which affirmed the IJ’s decision on January 9, 2006.

Because “the BIA summarily affirm[ed] the findings of the IJ, we review the IJ’s decision directly.” Mudric v. Att’y Gen., 469 F.3d 94, 101 (3d Cir.2006). We will uphold the IJ’s determination that Haddad was ineligible for asylum “if it is supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Id. (internal marks omitted). Where the IJ finds that the petitioner lacks credibility, our review includes ensuring that the IJ’s adverse credibility finding “was appropriately based on inconsistent statements, contradictory evidences, and inherently improbable testimony ... in view of the background evidence on country conditions.” Id. (internal marks omitted). The agency’s findings of fact, including any adverse credibility determinations, “are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see also Xie v. Ashcroft, 359 F.3d 239, 243 (3d Cir.2004).

Haddad seeks asylum claiming a well-founded fear of persecution on account of his political opinion and his religion. See 8 U.S.C.A. § 1158(b)(1)(A) (West 2005) (“The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who ... is a refugee.... ”); 8 U.S.C. § 1101(a)(42)(A) (2000) (defining “refugee” as a person unwilling or unable to return to his country of nationality because of persecution on account of five enumerated bases, including religion and political opinion). While the decision to grant or deny an asylum application is discretionary, a petitioner is entitled to withholding of removal if he demonstrates a clear probability that his life or freedom would be threatened if returned to his country of nationality. See 8 U.S.C. § 1231(b)(3)(A) (2000); see also Gabuniya v. Att’y Gen., 463 F.3d 316, 320-21 (3d Cir.2006). Haddad may also qualify for relief under the CAT if he can demon *209 strate that it is more likely than not that he will be tortured if he is removed to Syria. See 8 C.F.R. § 208.16(c)(2).

Haddad claims that his military detention amounted to past persecution based both on his political opinion and his religion, giving rise to a presumption of future persecution. See Ghebrehiwot v. Att’y Gen., 467 F.3d 344, 351 (3d Cir.2006) (“An applicant who offers credible testimony regarding past persecution is presumed to have a well-founded fear of future persecution.”). He also claims that he would be persecuted upon return to Syria because he left the country with an illegally obtained passport.

The IJ denied Haddad’s petition because she found that Haddad lacked credibility for several reasons. First, his 1-589 Application did not mention either of the two military detentions or his claim that he joined the Lebanese Militia. The military detentions were first raised in an affidavit submitted shortly before the hearing.

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230 F. App'x 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haddad-v-attorney-general-of-the-united-states-ca3-2007.