Mohammed Suliman v. Eric H. Holder, Jr.

344 F. App'x 149
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 26, 2009
Docket08-3759
StatusUnpublished
Cited by1 cases

This text of 344 F. App'x 149 (Mohammed Suliman v. Eric H. Holder, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mohammed Suliman v. Eric H. Holder, Jr., 344 F. App'x 149 (6th Cir. 2009).

Opinion

SILER, Circuit Judge.

Suliman Mohammed Ibrahim challenges the Board of Immigration Appeals’s (BIA) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). He also argues that the Immigration Judge (IJ) and the BIA (1) erroneously concluded that he was ineligible for asylum from Iraq because he was firmly resettled in Poland and (2) should have remanded pursuant to the Refugee Crisis in Iraq Act of 2007 (RCIA). For the following reasons, we deny the petition in part and dismiss it in part.

FACTUAL AND PROCEDURAL BACKGROUND

Ibrahim left his native Iraq in 1979 to pursue a graduate degree in Poland. When he left Iraq, he was required to attest to the Ba’ath Party that he would not marry a foreigner and that he would return to Iraq. According to Ibrahim, his brother had to “guarantee” that he would return to Iraq.

Ibrahim resided in Poland continuously for approximately ten years. In 1987, he married a Polish citizen and subsequently fathered two children. When he married the Polish citizen, he was issued the equivalent of a Polish green card. In 1989, he entered the United States without his wife or children.

In 1989, Ibrahim filed applications for asylum, withholding of removal, and protection under CAT. In 1992, while his applications were pending, he returned to Poland to care for his wife who had become ill. Upon reentry into the United States, he was paroled pending deportation proceedings. Since his arrival in the United States, Ibrahim has fathered two United States citizen children. During the removal proceedings, he conceded his inadmissibility. However, he re-filed his applications for asylum, withholding of removal, and protection under CAT.

At the proceedings following the re-filing of his applications, Ibrahim testified that he had been harassed by the Iraqi government while in Poland. He presented the testimony of three witnesses — Na-deem Zoma, David Enwyia, and Jesse William. The IJ determined that the testimony of Zoma and Enwyia was unreliable and lacked foundation, as neither had been in Iraq for years. The testimony of the third witness, William, was not captured in the record.

In 2000, the IJ issued her decision denying Ibrahim’s applications for asylum, withholding of removal, and protection under CAT. The IJ denied the application for asylum because she determined that he had firmly resettled in Poland. The IJ also denied his withholding of removal claim because he failed to show that he would be persecuted on account of his being a returning Iraqi male married to a foreign woman. In addition, the IJ determined that he failed to show that he would be punished as a result of his membership in a cognizable social group, namely as a student who failed to return after completion of his degree. Lastly, the IJ concluded that Ibrahim had not established that he was more likely than not be subject to torture with the acquiescence of the Iraqi government.

On appeal, the BIA remanded the proceedings back to the IJ for completion of the transcript, noting that William’s testimony was missing. On remand, William could not be located in order to permit him to testify a second time. However, the parties agreed that the IJ’s summary of William’s testimony accurately represent *152 ed the testimony. In addition, the IJ concluded that Ibrahim was entitled to another hearing on his applications for relief and protection from removal due to changed circumstances in Iraq.

After the subsequent hearing, the IJ again denied Ibrahim’s applications. The IJ determined that he remained ineligible for asylum based on her earlier determination that he firmly resettled in Poland. Alternatively, the IJ found that he failed to establish that any potential harm he would face would be on account of a protected ground. The IJ also concluded that he failed to present any evidence supporting his suggestion that he may be harmed by people who would consider him a traitor or a spy. Assuming the existence of the protected social group, the IJ found that Ibra-him failed to present any evidence that anyone, other than his family, knows that he has lived in the United States.

The IJ also denied Ibrahim’s claim of feared persecution on account of changed circumstances in Iraq. Although the IJ recognized that circumstances have changed in Iraq, Ibrahim failed to establish that any former Ba’athists who were permitted to return to the Iraqi government had previously been involved in human rights abuses. The IJ rejected his CAT claim on the same basis.

Ibrahim appealed to the BIA. He asserted that the IJ erred in denying his applications for relief. He also asked the BIA to remand his proceedings to permit him to apply for special rule cancellation of removal and to permit him to re-apply for asylum under the RCIA.

In 2008, the BIA denied the motions to remand and dismissed the appeal of the IJ’s decision. With respect to the special rule cancellation of removal, the BIA initially denied the motion as a matter of discretion because Ibrahim could have requested that relief when he was first placed in removal proceedings. Alternatively, the BIA denied the motion because he failed to provide any evidence that he was then a Polish national. The BIA also denied his motion to remand under the RCIA and affirmed the conclusions of the IJ regarding the applications for asylum, withholding of removal, and protection under CAT.

DISCUSSION

A. Applications for Relief

Ibrahim contends that the IJ and the BIA erred in denying his applications. We review the BIA’s factual determinations under the “substantial evidence” standard and will overturn its decision not simply if the record supports a contrary conclusion, but only where such a conclusion is compelled. See Marku v. Ashcroft, 380 F.3d 982, 986 (6th Cir.2004).

The Attorney General is prohibited from granting asylum if he determines that the alien “was firmly resettled in another country prior to arriving in the United States.” 8 U.S.C. § 1158(b)(2)(A)(vi). In implementing this prohibition, the Attorney General promulgated 8 C.F.R. § 1208.15, which provides that an alien is resettled:

if, prior to arrival in the United States, he or she entered into another country with, or while in that country received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement.

8 C.F.R. § 1208.15 (2008).

The BIA’s conclusion that Ibrahim was resettled in Poland at the time of his entry into the United States is supported by substantial evidence. He lived in Poland for approximately ten years. During that time he was permitted to attend school and subsequently found employ *153 ment as an engineer with a state-owned company.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nadim Hanna v. Eric Holder, Jr.
740 F.3d 379 (Sixth Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
344 F. App'x 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohammed-suliman-v-eric-h-holder-jr-ca6-2009.