Konjit Amenu v. Eric Holder, Jr.

434 F. App'x 276
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 13, 2011
Docket09-2361
StatusUnpublished

This text of 434 F. App'x 276 (Konjit Amenu v. Eric Holder, Jr.) 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
Konjit Amenu v. Eric Holder, Jr., 434 F. App'x 276 (4th Cir. 2011).

Opinion

PER CURIAM:

Konjit Amenu — an Ethiopian citizen now residing in the Washington, D.C. metropolitan area — petitions for review of the November 13, 2009 final removal order of the Board of Immigration Appeals. See In re Amenu (B.I.A. Nov. 13, 2009) (the “BIA Order”). The BIA Order affirmed the January 7, 2008 decision of an immigration judge. See In re Amenu (Immigr.Ct.Ar-lington, Va. Jan. 7, 2008) (the “IJ Decision”). 1 By virtue thereof, Amenu’s requests for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (the “CAT”), were each denied. Because the IJ and the BIA misapprehended the facts, engaged in speculation, and otherwise failed to properly consider relevant evidence, we grant the petition for review, vacate the BIA Order, and remand.

I.

Amenu legally entered the United States in April 1988, but remained in this country longer than authorized. In December 1988, Amenu filed an application for asylum, which was denied in September 1989. In January 1990, the Immigration and Naturalization Service (the “INS”) directed to Amenu an order to show cause why she was not subject to deportation. Later, in 1990, Amenu’s case was “administratively closed” by an IJ because her address was unavailable. In October 2006, the case was recalendared at the joint request of Amenu and the Department of Homeland Security (the “DHS”), which had absorbed the INS in 2003. In February 2007, Amenu renewed her request for relief by filing a new application, by which she sought asylum, withholding of removal, and CAT protection. On August 13, 2007, the IJ conducted an evidentiary hearing on Amenu’s application for relief.

*278 A.

The evidence presented at the IJ hearing and the materials filed in support of Amenu’s application revealed the following. Amenu’s father served in Ethiopia’s cabinet when Haile Selassie was the Emperor of Ethiopia. 2 After the so-called Derg regime overthrew Emperor Selassie’s government in 1974, the Derg authorities arrested Amenu’s father and detained him for seven years. The Derg authorities also arrested and detained Amenu on three separate occasions. She was first detained in 1978 in Ethiopia for fifteen days while the Derg authorities determined whether Amenu’s father had concealed property belonging to Emperor Selassie. Amenu was next detained in 1984 for twenty-four hours because she had not participated in a mandatory “May Day” demonstration. Amenu’s third detention by the Derg was her longest — in 1987, she was held for twenty-five days upon refusing to accept her nomination to the Executive Committee of the Women’s Association, a position she believed would be used for propaganda purposes. During her 1987 confinement, Derg soldiers beat and kicked Amenu. She was eventually released, and thereafter traveled to and entered the United States as a nonimmigrant visitor. The Derg regime was overthrown in 1991 and a different regime, called the Ethiopian People’s Revolutionary Democratic Front (the “EPRDF”), now controls Ethiopia’s government.

Amenu’s application for relief expressed fear that she would face persecution from the EPRDF government if she returns to Ethiopia. To substantiate her application, Amenu appended and filed several supporting exhibits and testified at the IJ hearing. The exhibits included State Department reports concerning political conditions in Ethiopia, a picture of Amenu participating in a demonstration against the EPRDF government, the affidavit of a woman named Ghennet Girma Woldegior-gis, correspondence showing Amenu’s efforts to depose Woldegiorgis, and a legal memorandum supporting Amenu’s application for relief.

At the IJ hearing, Amenu testified that she has been a member, since about 1995, of the Ethiopian People’s Revolutionary Party (the “EPRP”), a political organization that opposes the EPRDF government. According to the 2007 Ethiopia Asylum Country Profile (the “2007 Report”), the EPRP is among the “[m]ajor [p]olitical organizations in the Diaspora” not registered with Ethiopia’s mandatory National Election Board. J.A. 203; see id. at 236. The EPRDF government does not recognize the EPRP or allow it to operate in Ethiopia. See id. at 87, 251. Amenu also testified that she has attended EPRP meetings since 1995 “[a]t least once a month” and has participated in EPRP demonstrations “two to three times a year,” for a total of “about fifteen” demonstrations. Id. at 106-07, 129. Amenu appended to her application for relief two letters from the EPRP’s Washington, D.C. office, dated in 2000 and 2006, which confirmed that she is an “active member” of the EPRP and expressed concern that she “will face an imminent danger to her life and safety” should she return to Ethiopia. Id. at 212-13.

Elaborating on Amenu’s EPRP activities was the affidavit of Ghennet Girma Wolde- *279 giorgis. 3 Woldegiorgis is a close childhood friend of Amenu, and — despite being the daughter of the current Ethiopian President — is “one of the prominent figures of’ the EPRP. J.A. 251. Woldegiorgis herself fled Ethiopia in the 1970s, joined the EPRP in 1975, and was granted asylum by France in 1981. In 1993, Woldegiorgis traveled to Ethiopia to attend a “Peace and Reconciliation Conference,” during which the EPRDF detained her. Wolde-giorgis now regularly travels to Washington, D.C., where she coordinates and attends EPRP events. On her visits to the United States, Woldegiorgis and Amenu are together “frequently” for EPRP meetings, dinners, and other public social gatherings. Id,.; see id. at 87 (Amenu’s testimony corroborating same).

The Woldegiorgis affidavit attested to Amenu’s EPRP activities, including her attendance at meetings, her distribution of leaflets, and her participation in demonstrations. Woldegiorgis further declared, “I know that the Ethiopian government through its embassy monitors my activity in Washington, D.C.,” keeping an eye on the persons “with whom I socialize, attend meetings and so on.” J.A. 251. According to the affidavit, because of Amenu’s attendance at EPRP demonstrations and her association with Woldegiorgis, “[t]he EPRDF government is aware of [AmenuJ’s EPRP activities,” and Amenu “would face grave danger to her life” if she returns to Ethiopia. Id. Amenu echoed Woldegior-gis’s concern that their visible association would attract the attention of the EPRDF and cause Amenu to be persecuted. See id. at 87, 348.

Amenu is also a supporter of the All Amhara People’s Organization (the “AAPO”), an opposition group that advocates on behalf of those Ethiopians of Am-hara heritage, a loose description of the ethnic group that historically has ruled Ethiopia. Some tensions exist between Amharas and the EPRDF, although it is unlikely that a person “would be targeted simply because of his or her Amhara ethnicity.” J.A. 186. Amenu has donated money to and distributed pamphlets in support of the AAPO. Amenu testified that the EPRDF twice arrested her older brother for his involvement with the AAPO, after which he fled to the United States, where he was granted asylum. According to Amenu, the EPRDF sought to kill her younger brother, who then fled to Kenya, where he died.

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