Luc Lordeus, Junior v. U.S. Attorney General

296 F. App'x 841
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 20, 2008
Docket07-14007
StatusUnpublished

This text of 296 F. App'x 841 (Luc Lordeus, Junior v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luc Lordeus, Junior v. U.S. Attorney General, 296 F. App'x 841 (11th Cir. 2008).

Opinion

PER CURIAM:

Luc Junior Lordeus seeks review of the Board of Immigration’s (“BIA’s”) order affirming the Immigration Judge’s (“IJ’s”) decision denying his application for asylum and withholding of removal under the Immigration and Nationality Act (“INA”) and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), 8 U.S.C. §§ 1158, 1231(b)(3), 8 C.F.R. § 208.16(c). The record does not compel the conclusion: (1) that Lordeus suffered past persecution based on the cumulative effects of the incidents that all originated on 17 December 2003, including the onetime beating and subsequent week-long detention; or (2) that Lordeus has a well-founded fear of future persecution that is objectively reasonable, because the Lavalas party is no longer in power in Haiti, and Lordeus failed to demonstrate that he could not avoid a future threat by relocating to another region in Haiti. Thus, substantial evidence supports the BIA’s conclusion that Lordeus failed to meet his burden of showing that he was entitled to asylum. As such, Lordeus necessarily failed to establish eligibility for withholding of removal and CAT relief. Accordingly, we DENY Lordeus’s petition for review.

I. BACKGROUND

Lordeus, a native and citizen of Haiti, entered the United States without inspection or parole on or about 20 February 2004. AR at 417. On 12 May 2004, the Department of Homeland Security (“DHS”) issued Lordeus a Notice to Appear (“NTA”), charging that he was subject to removal under INA § 212(a)(6)(A)®, 8 U.S.C. § 1182(a)(6)(A)®, as an alien present in the United States without being admitted or paroled. Id.

On 6 April 2004, Lordeus filed an application for asylum, withholding of removal, and CAT relief. Id. at 359-72. Lordeus indicated on the application that he sought asylum and withholding of removal based upon his political opinion and membership in a particular social group. Id. at 363. Lordeus stated that he was “really affraid [sic] of returning to Haiti because [he knew] that [his] life [was] still in great danger and returning to [his] country [would] cause [him his] life.” Id. According to Lordeus, he and his family were members of “O.P.L.” and both he and his “sibling” used to attend meetings. Id. at 364. Lordeus feared being subjected to torture in Haiti “because [his] persecution never ended.” Id.

In an attachment to the application, Lordeus explained that he was seeking asylum because he and his family were persecuted by the Lavalas Party supporters (“Lavalas supporters”). Id. at 369. Lordeus explained that, on 17 December 2003:

a group of men came to my Mother’s house, I was grab[bed] by the ham and *843 slamfmed] against the walls, my Mother was beaten very badly also, I [was] arrested and taken to jail for 1 week. I was beaten very badly during interrogation. I was [a] member of a group named University Quisqueya of Haiti. The Studentfs,] as everyone[,] wanted a change to Haiti because there is too much injustice in Haiti.
My Family and I were mistreated, threatened,] and torture[d].

Id. Lordeus “seriously feared” returning to Haiti because he believed he would be killed. Id. Lordeus attached a copy of his birth certificate and passport. Id. at 370-72.

At the hearing on 20 April 2005, Lordeus, who was then represented by counsel, admitted to the allegations in the NTA and conceded removability. Id. at 257. The IJ accepted a copy of the State Department’s 2004 Country Report on Human Rights Practices for Haiti (“2004 Country Report”) into evidence. Id. at 259-60. On the same day, Lordeus filed additional documents in support of his application, including: (1) an addendum to his asylum application; (2) a letter from the Vice President of Academic Affairs, who attested that Lordeus had been registered in a program at the University of Quisqueya (“University”) from March to July 2003; (3) an affidavit from Kathleen Lordeus 1 ; (4) a copy of Kathleen’s University ID card; and (5) a 11 March 2005, U.S. Department of State travel warning for Haiti (“Travel Warning”). 2 Id. at 348-58.

In his addendum, Lordeus stated that he and his cousin, Serge Pierre, who was a professor in Cap Haitien, were “general participants in rallies against the Lavalas government.” Id. at 350. Lordeus stated that, “[o]n December 5 2003, members of the Lavalas government broke into one of the universities and beat several students and smashed furniture in an attempt to stifle the students’ activities.” Id. Lordeus claimed that he had a videotape of the incident. Id. On 17 December 2003, he and Serge participated in a student rally where Lavalas supporters threw rocks and bottles at them. Id. He and Serge “fled the rally and went home late that night in order to avoid being followed and [to] avoid trouble by Lavalas thugs.” Id. At around midnight, several heavily armed Lavalas supporters came to Lordeus’s home, beat him, and hit him in the stomach. Id. Lordeus stated, “I still feel the effects of the blows today.” Id. Lordeus claimed that the Lavalas supporters also beat Serge, and, when his mother began to scream, one member “hit her with his hands to shut her up.” Id. Lordeus recognized two “head Lavalas members,” Renee Civile and Nawoon Marcellus. Id. The Lavalas supporters drove Lordeus and Sei’ge to a prison where they were interrogated “for a long time [in an attempt] to get further information about [their] anti-Lavalas activities.” Id. After about one week, and “a lot of pressure from journalists and radio,” Lordeus and Serge were released and they immediately went into hiding. Id. Lordeus finally left Haiti for the United States to save his life after his uncle told him the Lavalas supporters were looking for him. Id.

*844 In her affidavit, Kathleen stated that (1) Lordeus was not able to continue his studies at the University “because of the sociopolitical problems of the country,” and (2) Lordeus “had been very active against the fallen regime.” Id. at 354. Kathleen explained that Lordeus

had been so persecuted that sometimes he could not go home. The worst thing was, one day while we were at home some armed thugs came to our house and arrested my little brother Junior and my cousin Serge Pierre. They spent one week in jail, after several legal steps they finally got their freedom. Junior was forced to leave the country to save his life against the armed activists. Unfortunately, my cousin Serge Pierre almost lost his life because he could not leave.

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296 F. App'x 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luc-lordeus-junior-v-us-attorney-general-ca11-2008.