Leopold Munyakazi v. Loretta Lynch

829 F.3d 291, 2016 U.S. App. LEXIS 12726, 2016 WL 3670075
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 11, 2016
Docket15-1735
StatusPublished
Cited by13 cases

This text of 829 F.3d 291 (Leopold Munyakazi 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
Leopold Munyakazi v. Loretta Lynch, 829 F.3d 291, 2016 U.S. App. LEXIS 12726, 2016 WL 3670075 (4th Cir. 2016).

Opinion

Petition denied by published opinion. Judge SHEDD wrote the opinion, in which Judge TRAXLER and Judge FLOYD concurred.

SHEDD, Circuit Judge:

Leopold Munyakazi petitions for review of the Board of Immigration Appeals’ (BIA) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because substantial evidence supports the agency’s rulings, we deny the petition.

I.

As a matter of background, we begin by quoting a United States State Department summary of the 1994 Rwandan genocide:

Longstanding tensions in the country culminated in the 1994 state-orchestrated genocide, in which Rwandans killed between 750,000 and one million of their fellow citizens, including approximately three-quarters of the Tutsi population. Following the killing of the president in 1994, an extremist interim government directed the Hutu-dominated national army, militia groups, and ordinary citizens to kill resident Tutsis and moderate Hutus. The genocide ended later the same year when the predominantly Tutsi RPF ... defeated the national army and Hutu militias and established an RPF-led government of national unity.

(J.A. 527).

Munyakazi, an ethnic Hutu, is a native and citizen of Rwanda who came to the United States in 2004 on a business visa. Prior to his visa’s expiration, Munyakazi filed an application for asylum and withholding of removal. While in the United States, Munyakazi, who worked as a college professor in Rwanda, began teaching at Montclair State University in New Jersey. In October 2006, he spoke at a faculty forum at the University of Delaware. During this speech, Munyakazi expressed his opinion that the 1994 massacre of ethnic Tutsis in Rwanda was fratricide, not geno *294 cide. He would express similar views in another speech later that year.

In November 2006, Rwanda issued an international arrest warrant for Munyaka-zi, charging him with genocide and genocide negation. Rwanda issued a second warrant for the same charges in October 2008. In January 2009, almost five years after Munyakazi filed his initial asylum application, the Department of Homeland Security (DHS) issued him a notice to appear, charging him with removability. Munyakazi conceded removability but filed revised applications for asylum and withholding of removal. Munyakazi also requested CAT protection. An Immigration Judge (IJ) held a multi-day hearing on Munyakazi’s removability.

Munyakazi testified at the hearing that at the time the genocide began he and his family lived in the Rwandan capital, Kigali. Although a travel ban was in place, Mu-nyakazi and his family joined a convoy 1 to his native village of Kirwa. On the morning of April 19, 1994, Munyakazi briefly went to a local government office in Kirwa to report an attempted break-in at his home in Kirwa. He then returned to that home and did not leave until after April 22. Munyakazi testified that sometime after April 22 he helped five Tutsi women obtain Hutu ID cards.

Munyakazi’s testimony that he remained indoors for several days is important because following a rally at a soccer stadium on April 19, ethnic Hutus killed virtually every Tutsi in Kirwa. 2 While acknowledging this fact, Munyakazi testified that he saw little to no violence and did not know anyone responsible for any of the violence. When pressed with accounts from genocidaires — persons convicted of genocide in the Rwandan courts — that he was involved in the violence in Kirwa, Munyak-azi testified that the Rwandan government was forcing them to speak out against him.

Munyakazi further testified that he was arrested later in 1994 and held without chargé until 1999. During his time in captivity, he was subjected to beatings and psychological stress.

Munyakazi’s wife, Catherine Mukanta-bana, also testified before the IJ. Catherine, an ethnic Tutsi, generally agreed with Munyakazi’s testimony regarding their exit from Kigali and travel to Kirwa. Discussing their time in Kirwa, she testified that she did not believe there was a meeting on April 19 but conceded that her husband left the house that morning to go to the government offices and to run some errands. She testified that Munyakazi helped five Tutsis receive Hutu ID cards and that he did not participate in the genocide. Importantly, she testified that the five Tutsis arrived at their house prior to April 19 and that Munyakazi took their names to Kirwa’s mayor on April 19. She also testified that many members of her family were killed during the genocide, and the IJ noted that she was “tense and stressed” discussing the genocide and that “[h]er hands were shaking.” (J.A. 896).

In addition to this testimony, Munyakazi also presented several other witnesses, including former Attorney General Ramsey Clark, who testified generally about the Rwandan justice system and the genocide. None had first-hand knowledge of Mu- *295 nyakazi’s actions during April 1994. Mu-nyakazi also placed into evidence-five letters from the Tutsis he claimed to have aided in obtaining Hutu ID cards. One letter writer stated that Munyakazi assisted her in obtaining an ID card on April 19, while another stated that Munyakazi aided her on April 20.

In response to Munyakazi’s evidence, the Government put forth testimony and investigation reports from ICE Special Agent Jason Hyman. Hyman, along with two DHS agents, traveled to Rwanda in June 2009 to conduct an independent investigation into the Rwandan government’s accusations against Munyakazi. The DHS investigators created an interview list after reviewing Rwandan government files. The Rwandan prosecutors gave DHS latitude in conducting the investigation, and the Rwandans’ main role was locating interpreters and procuring the witnesses. Hyman testified that they tried to give the Rwandan government little notice of the interviewees to minimize the chances that the government would pressure them. The investigators would also ask each witness if they had spoken to Rwandan authorities and whether their statements were coerced. Importantly, the DHS investigators uncovered several witnesses, including a genocidaire, who had never spoken to Rwandan officials about Munyakazi.

The DHS investigation confirmed the broad outline of Munyakazi’s testimony— that he and his family fled Kigali in April, traveled to Kirwa, and remained there during the genocide. The investigation found that the genocide in Kirwa began following a meeting at a soccer field on April 19. In contrast to Munyakazi’s testimony, however, the investigation revealed that Munyakazi, wearing banana leaves, 3 addressed the crowd at the soccer field on April 19 and helped to instigate the genocide. After the meeting, Munyakazi led a group of Hutus to find Felicien, an educated Tutsi who was eventually killed. Mu-nyakazi also had a role in orchestrating night raids against Tutsi homes.

In total, the investigators interviewed 22 witnesses, six of whom were convicted of genocide. Each interview was between two-and-a-half and three hours in length. Generally, the witnesses were afraid of Munyakazi and feared retribution from him if he found out they cooperated with authorities.

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829 F.3d 291, 2016 U.S. App. LEXIS 12726, 2016 WL 3670075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leopold-munyakazi-v-loretta-lynch-ca4-2016.