Mamadou T. Diallo v. Alberto R. Gonzales , Attorney General of the United States

439 F.3d 764, 2006 WL 560683
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 9, 2006
Docket05-1123
StatusPublished
Cited by35 cases

This text of 439 F.3d 764 (Mamadou T. Diallo v. Alberto R. Gonzales , Attorney General of the United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mamadou T. Diallo v. Alberto R. Gonzales , Attorney General of the United States, 439 F.3d 764, 2006 WL 560683 (7th Cir. 2006).

Opinion

WILLIAMS, Circuit Judge.

Mamadou T. Diallo, a native and citizen of Guinea, petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge’s denial of his application for asylum, withholding of *765 removal, and relief under the Convention Against Torture. Since the IJ improperly-required Diallo to present corroborating evidence, we vacate the decision of the BIA.

Diallo arrived in the United States in late 2001 and applied for asylum in July 2002 on the basis of his political opinion. He claimed that he was a member of Rally of the Guinean People (RPG), a political party that opposes the regime of Guinea’s current leader, President Lansana Conte. Diallo says that he was arrested and imprisoned for sixteen months in December 1998 after attending a large rally protesting the arrest of Alpha Conde, RPG’s leader. He says that, while he was in prison, he was pressured to sign a statement implicating Alpha Conde in illegal activities, and, when he refused, he was tied up by the wrists and beaten. He says that guards beat him almost every day with batons. Diallo further alleges that there were fifteen people in his prison cell and that the cell was unsanitary, lacking a bathroom. According to him, during the first six months of his sixteen-month imprisonment, he was not allowed out of his cell except to go to court. Finally, he says that he was given food and water only once a day and that two of the people he was imprisoned with died.

On his release, Diallo was forced to sign a statement agreeing not to take part in any more political activities. He continued to participate in political activities after his release anyway, and in October 2001 he participated in a rally protesting a referendum that would allow President Lansana Conte to serve an unlimited number of terms. Diallo says that the police wanted to arrest him for his participation in this rally, and so he was forced to flee the country.

The IJ found that Diallo’s testimony was “general” and “meager” and that Diallo therefore needed to provide corroborating evidence. The IJ decided that Diallo had failed to corroborate his claim in several respects. In particular, he decided that, if the 2001 protest, rally was as large as Diallo claimed, Diallo should have been able to provide some “proof of the demonstration other than his general testimony.” The IJ also decided that Diallo should have been able to provide medical records to support his- claim that he was injured while imprisoned, evidence from RPG of his political activities and imprisonment, or affidavits from -his family in Guinea to “verify his claim.” Finally, the IJ discounted a summons and arrest warrant Diallo presented because, in the IJ’s opinion, these documents contained French spelling and grammatical errors and therefore could not have been prepared by “a judicial officer ... who would have more than an elementary education .... ” The BIA summarily affirmed the IJ’s decision.

Diallo contends that the BIA’s decision cannot stand because he did in fact testify consistently and credibly. Because the BIA summarily affirmed, we review the decision of the IJ. Tabaku v. Gonzales, 425 F.3d 417, 421 (7th Cir.2005). We have held that the asylum claim of a credible applicant cannot be denied solely because the applicant failed to submit corroborating evidence. Dawoud v. Gonzales, 424 F.3d 608, 612 (7th Cir.2005); 1 see also 8 C.F.R. § 208.13(a). Rather, an IJ who denies an asylum claim for lack of corrobo *766 ration must first make an express credibility finding. Gontcharova v. Ashcroft, 384 F.3d 873, 877 (7th Cir.2004). The IJ must also explain why it is reasonable to expect corroboration and explain why the applicant’s reason for not supplying corroboration is inadequate. Id.

The IJ in this case did not make an express credibility finding, and the findings he did make about Diallo’s evidence are not supported by “specific, cogent reasons.” Ssali v. Gonzales, 424 F.3d 556, 561-62 (7th Cir.2005) (internal citation and quotation marks omitted). The IJ said that Diallo’s testimony was “meager” and “general,” presumably meaning that it was not detailed enough to be believable. However, a “passing reference implying doubt” about an applicant’s credibility is not an express credibility finding. See Nakibuka v. Gonzales, 421 F.3d 473, 478-79 (7th Cir.2005) (IJ’s finding that applicant’s testimony was “vague and confusing” not an adverse credibility determination). Furthermore, even if we could infer an adverse credibility finding from the IJ’s “meager” and “general” language, the IJ never explained why he thought Diallo’s testimony lacked detail.

The IJ also never explained why it was reasonable to expect Diallo to provide corroborating evidence from RPG of his political activities and imprisonment, or affidavits from his family members to “verify his claim.” Diallo testified that he had not been in contact with his family members since leaving Guinea in 2001. In addition, the IJ did not explain why he believed that the RPG, an opposition political party in a country where such parties’ activities are restricted, would have been able to provide Diallo with the information the IJ wanted. See Hor v. Gonzales, 421 F.3d 497, 501 (7th Cir.2005) (not necessarily reasonable to expect Algerian applicant’s co-workers to submit affidavits describing attack by terrorist organization' on the applicant since co-workers might fear the terrorist organization).

Although the IJ attempted to explain why it was reasonable to expect Diallo to corroborate the 2001 rally, his explanation is not convincing. He implies that, given the size of the rally and the existence of opposition newspapers in Guinea, the rally would have received some press coverage. However, it is not evident that the opposition press would always be able to cover a rally organized by opposition political parties in a country where political opposition to the government is suppressed. See id. at 501 (finding it not obvious that Algeria’s military dictatorship would have allowed newspaper articles about terrorist attacks).

Finally, Diallo did attempt to ' submit corroborating evidence in the form of a summons and arrest’warrant, and we are troubled by the IJ’s ’rejection of this evidence. The IJ believed that these documents were suspect because they contained French grammatical and spelling errors.

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439 F.3d 764, 2006 WL 560683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mamadou-t-diallo-v-alberto-r-gonzales-attorney-general-of-the-united-ca7-2006.