Liban Ali v. Eric H. Holder, Jr.

776 F.3d 522, 2015 U.S. App. LEXIS 305, 2015 WL 110333
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 8, 2015
Docket13-1832
StatusPublished
Cited by8 cases

This text of 776 F.3d 522 (Liban Ali v. Eric H. Holder, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liban Ali v. Eric H. Holder, Jr., 776 F.3d 522, 2015 U.S. App. LEXIS 305, 2015 WL 110333 (8th Cir. 2015).

Opinion

SMITH, Circuit Judge.

Petitioner Liban Nor Ali applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) denied Ali’s applications. Ali appealed to the Board of Immigration Appeals (BIA), which affirmed the IJ’s decision. Ali now petitions for review, arguing that substantial evidence does not support the denial of his applications. We deny the petition.

I. Background,

Ali is a native of Somalia and member of the Tumal clan, a clan Ali describes as a “minority clan” that is “small and weak” compared to other Somali clans. On September 21, 2009, Ali arrived at the United States-Mexico border and applied for admission to the United States. Ali provided a sworn statement to an officer of the Department of Homeland Security (DHS). In the statement, Ali identified himself and testified that members of the Hawiye clan persecuted him in 2003 and 2009. He also described his subsequent travels from Somalia to the United States. On November 4, 2009, a DHS asylum officer further questioned Ali during what DHS terms a “credible fear interview” about the clan-based persecution Ali claimed he suffered in Somalia. The DHS commenced removal proceedings two days later by serving Ali with a Notice to Appear. The Notice to Appear alleged that Ali had willfully misrepresented material facts to procure entry into the United States and was removable under § 212(a)(6)(C)(i) and § 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (“Act”).

On April 27, 2010, however, Ali filed applications for asylum, withholding of removal, and protection under the CAT. Ali testified before the IJ on February 8, 2011, and April 6, 2011, in support of his applications.

A. Alleged 2008 Persecution

Ali claims that members of the Hawiye clan once attacked him and his father in 2003. Initially, Ali testified that the Hawi-ye men shot his father, injured Ali with “the tip of the gun,” and then took Ali and his father “to the north,” where Ali’s “father was hospitalized and treated.” Ah stated that he believed the Hawiye men attacked him and his father because they “wanted some valuables or money from us.”

Later, however, when recounting the same incident to the asylum officer, Ali testified that the Hawiye men “injured [his] father and left him thinking he was dead.” He also testified that the Hawiye men attacked him and his father because they “were men who lived there and knew” that Ali and his father were members of the Tumal clan.

*525 Ali later testified to the IJ that, although he did not recognize his attackers and they said nothing that indicated they were Hawiye, Ali nevertheless believed they were Hawiye “[b]ecause they were armed. And they were the men who ruled that area — the city.” But Ali admitted during cross examination that “[y]ou can’t tell [what clan people belong to], unless you know the people or those people live there where you live.” Ali also testified that, after his attackers shot his father and used a “bayonet to hit [Ali] in the leg,” the attackers simply “left.” Ali then testified that “some men” (whom Ali did not know) thereafter took both him and his father to a hospital for treatment. Ali had no records of the treatment, even though he admitted during cross examination that the hospital would ordinarily give “some papers, like prescriptions.”

B.Alleged 2009 Persecution

Ali claims that Hawiye men also attacked him and other family members at their house in 2009. According to Ali, the men kidnapped and beat Ali and killed his brother Farah. The men also threatened to kill Ali unless they received a ransom payment. Ali initially testified to the DHS that the attackers released him only when “the elderly and [his] family got ransom money.”

Ali testified to the asylum officer that the attackers were “asking for money” and stated that they would kill Ali and his family if they did “not move away from the neighborhood.” The attackers then allegedly kidnapped Ali, “cut” him, and released him only when “a neighbor” spoke with them and “gave them money.”

Ali first testified to the IJ that the attackers did not verbally ask for money, but they simply “started searching” for money instead. Ali then changed his testimony, stating that the attackers actually “asked where we keep — we would keep our savings. Yes. They asked that.” Ali testified that he suffered “no physical injuries at that time.” He also testified that his attackers released him only when a man named Sadaq, a Hawiye man, paid the attackers to release Ali.

C.Ali’s Travels

Ali initially testified to the DHS that “the men” who paid his ransom in 2009 also paid someone to smuggle Ali into Ethiopia. After Ali arrived in Ethiopia, certain “elderly gentlemen” then paid $8,200 to smuggle Ali from Ethiopia to the United States. Ali claims he then flew from Ethiopia to Turkey, and from Turkey to Brazil. Ali testified that, after he arrived in Brazil, he took a direct flight from Sao Paulo, Brazil to Tegucigalpa, Honduras. Ali then traveled by vehicle through Guatemala and Mexico before arriving at the United States.

Before the IJ, Ali first testified that his uncle in Ethiopia gave him $5,500 for travel expenses. Ali later testified during the same hearing, however, that his uncle actually gave him $8,200 to fund his travels. When asked during cross examination whether he stopped “in any other countries” during his flight from Sao Paulo to Tegucigalpa, he testified “No. It was— there was none.” Ali’s story changed, however, after the government produced evidence that there were, in fact, no direct flights between Sao Paulo to Tegucigalpa at the time he allegedly traveled; indeed, Ali then testified that he could no longer recall whether it was a direct flight because he “was tired” during his travels.

D.Ali’s Birth Certificate

Ali told the IJ that he “did not have any documents” with him when he arrived at the border of the United States, other than a document he had received from “Mexi *526 can Immigration.” He also testified that he “left [his birth certificate] in Mexico” and that it was “taken away from [him] by [Mexican] Immigration.” During cross examination, however, Ali testified that Mexican Immigration actually returned his birth certificate to him, but that the certificate was later “washed away with the clothing [Ali] was washing.” The DHS then introduced an exhibit during the hearing that Ali positively identified as his supposedly lost birth certificate. Ali could not explain how the United States government obtained the certificate. In fact, Ali then testified that, rather having lost it in the wash, he actually had thrown away the birth certificate while in Mexico because it broke into pieces when he washed it.

E. Procedural History

The IJ denied Ali’s applications, finding, among other things, that Ali was not credible based on inconsistencies in his testimony and the general lack of corroborating evidence supporting his testimony. Ali appealed the IJ’s denial to the BIA.

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Cite This Page — Counsel Stack

Bluebook (online)
776 F.3d 522, 2015 U.S. App. LEXIS 305, 2015 WL 110333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liban-ali-v-eric-h-holder-jr-ca8-2015.