Kalidou v. Ashcroft

108 F. App'x 381
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 30, 2004
DocketNo. 02-4245
StatusPublished

This text of 108 F. App'x 381 (Kalidou v. Ashcroft) 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
Kalidou v. Ashcroft, 108 F. App'x 381 (6th Cir. 2004).

Opinion

O’MEARA, District Judge.

Petitioner Aldiouma Kalidou, a citizen and national of Mauritania, is seeking review of the Board of Immigration Appeals’ order affirming without opinion the Oral Decision and Order of the Immigration Court ordering Petitioner removed to Mauritania. Petitioner seeks a remand directing the Board of Immigration Appeals to enter an order granting his applications for asylum, withholding of removal, and relief under the Convention Against Torture.

I. BACKGROUND FACTS

Petitioner Aldiouma Kalidou filed an application for asylum and withholding of removal under sections 208 and 241(b)(3) of the Immigration and Naturalization Act (“INA”), 8 U.S.C. §§ 1158 and 1231(b)(3). Petitioner indicated in his application that he is a single male and a native and citizen of Mauritania. He claimed that he fears persecution if he returns to Mauritania on [382]*382account of his race, membership in a particular social group, and political opinion. Petitioner stated that if he returns to Mauritania, he will be a target of persecution because he is perceived as being an enemy of the government. He further claimed that his father was active in the African Liberation Forces of Mauritania (“FLAM”) political group, which has been re-named as the Union of Democratic Forces (“UFD”). According to Petitioner, UFD’s primary mission is to resist the discriminatory policies implemented by the Mauritanian government.

Petitioner claimed that his father was sentenced to life in prison as a result of his participation in FLAM activities. Petitioner asserted in his asylum application that his entire family was expelled from Mauritania in 1989 and that they have been beaten and tortured. Petitioner claimed that his family was expelled from Mauritania because they were black.

Petitioner claimed that he joined UFD while he was employed as a driver for the Mauritanian ambassador in Zaire. As a UFD member, he distributed written information about the party; and he attempted to recruit individuals to join the party. After Petitioner joined the UFD, an individual named Hadrami, a senior employee at the embassy, asked Petitioner to return to Mauritania. Petitioner claimed that his mother, who was then living in Senegal, told Petitioner that he could not return to Mauritania because he would be thrown in jail with his father. Petitioner refused to return to Mauritania; and he claimed that as a result, he lost his position with the Mauritanian embassy in Zaire. He then claimed that the Mauritanian Embassy Forces and Zaire Security Forces attempted to apprehend him and return him to Mauritania, but he avoided capture. After that, Petitioner traveled to the United States.

Petitioner Kalidou testified in support of his applications before the Immigration Judge on March 28, 2000, stating that he had not been to Mauritania since December 1986. Petitioner learned from other people that his father has been sentenced to life in prison. He claims he received a letter from Sadu Decemba, along with a picture of his father, one or two months before his March 2000 hearing. However, Petitioner testified that he destroyed the letter because it contained “secrets” about his father that he did not want revealed. He further testified that he himself is a well-known person in Mauritania because he has friends who are soldiers, police officers, and military personnel. Petitioner further stated that the Mauritanian government has not given amnesty to FLAM members for their political activities while they were FLAM members.

While Petitioner was working for the ambassador in Zaire, his mother, brother or brothers, and sister were expelled from Mauritania and went to a refugee camp in Senegal. He testified that his family remains at a refugee camp in Senegal that receives assistance from the United Nations High Commissioner for Refugees (“UNHCR”). Petitioner stated that his family cannot return to Mauritania because they are afraid of the government. Petitioner said that he has received letters from his family, who remain in Senegal, but that he has destroyed those letters because he was afraid his roommates would find the letters. He stated that his family telephones him from the refugee camp.

Petitioner Kalidou testified that Mauritanians who were expelled from between 1988 and 1991 cannot return to Mauritania, but those who merely left because they were scared can return. He is unaware of anyone returning to Mauritania to reclaim property.

[383]*383Petitioner further testified that while he was working for the ambassador in Zaire he was also being paid by the Mauritanian military, but his salary ceased in 1988. Petitioner testified that he was dismissed from the army in 1988, and he presented a letter from the Mauritanian Ministry of National Defense stating he was dismissed. When asked by the Immigration Judge to show where his name is on the letter, Petitioner identified the name “Bakhalidou” as referring to himself. He explained that he was fired from the military on June 6, 1988, and at that time he used the last name “Bakhalidou.” The Immigration Judge then asked Petitioner whether he was a colonel in the army, based on the designation of colonel next to the name Bakhalidou; and Petitioner stated that he was a colonel in the army. However, later in the testimony, Petitioner claimed that he was not a colonel in the military and that another individual, Hamoud, was a colonel in the army.

Petitioner testified that he was fired from his job as the ambassador’s chauffeur in December 1995. He asked whether the ambassador could help him get his job back, but the ambassador told him he could not help Petitioner. According to Petitioner, however, the ambassador did assist Petitioner with his travel documents to come to the United States. Petitioner testified that he spoke with the ambassador, who has since retired from the embassy, about three months ago. He testified that he has not received any letters from the ambassador, and Petitioner did not ask the ambassador to write a letter in support of his asylum application.

The Department of State’s Country Reports on Human Rights Practices in Mauritania for 1997 (“1997 Country Report”) and 1999 (“1999 Country Report”) were admitted by the Immigration Judge. The Immigration Judge also admitted the Department of State Profile of Asylum Claims and Country Conditions for 1997 for Mauritania (“1997 Profile”). In the 1997 Country Report, the Department of State reported that the government of Mauritania was making serious efforts to resolve the problems that arose from 1989 through 1991, when 70,000 Mauritanians were either expelled from or fled the country. The report also states that the government in Mauritania did not employ forced exile and that there were no reports of political prisoners. The 1997 Report further states that the Mauritanian government has indicated since 1993 that any Mauritanian outside the country may return.

The 1999 Country Report states that based on informed observers, up to 65,000 people have returned to Mauritania. The 1997 Profile stated that the Mauritanian government has begun returning land to those individuals who were expelled. The 1999 Country Report also states that there were no reports of political killings or politically motivated disappearances.

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108 F. App'x 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalidou-v-ashcroft-ca6-2004.