Namahoro v. Ashcroft

76 F. App'x 95
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 22, 2003
DocketNo. 02-3468
StatusPublished
Cited by1 cases

This text of 76 F. App'x 95 (Namahoro v. Ashcroft) 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
Namahoro v. Ashcroft, 76 F. App'x 95 (6th Cir. 2003).

Opinion

MERRITT, Circuit Judge.

Edith Namahoro petitions the Court for review of an order in which the Board of Immigration Appeals affirmed the immi[96]*96gration judge’s denial of her claims for asylum and withholding of removal under 8 U.S.C. §§ 1158(a) and 1231(b)(l)(3).1 The Board held that Namahoro failed to establish that she was a “refugee” from Burundi eligible for asylum or withholding of removal. Because the evidence on the record as a whole does not compel the conclusion that Namahoro was persecuted or has a well-founded fear of persecution in Burundi on account of her race, nationality, membership in a particular social group, or political opinion, the petition for review is DENIED.

The Attorney General has discretion to grant asylum to a person who qualifies as a “refugee” within the meaning of section 101(a)(42)(A) of the Immigration and Nationality Act. See 8 U.S.C. § 1158(b)(1). The Act defines a refugee as

any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion____

Id. § 1101(a)(42)(A). To obtain asylum, an alien must show that she is a refugee and also that she is entitled to asylum. Mikhailevitch v. INS, 146 F.3d 384, 389 (6th Cir.1998); Perkovic v. INS, 33 F.3d 615, 620 (6th Cir.1994). The asylum applicant bears the burden of establishing refugee status “either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution.” 8 C.F.R. § 208.13(b). “Persecution” is not defined in the statute or regulations, but we have held that it encompasses “more than a few isolated incidents of verbal harassment or intimidation, unaccompanied by any physical punishment, infliction of harm, or significant deprivation of liberty.” Mikhailevitch, 146 F.3d at 390.

“The testimony of the applicant, if credible, may be sufficient to sustain the burden of proof without corroboration.” 8 C.F.R. § 208.13(a). However, internally inconsistent testimony or very generalized assertions of fear are not sufficient. See Wadyal v. INS, 1991 U.S.App. LEXIS 26445, at *6, 947 F.2d 947, 1991 WL 224111 (6th Cir. Nov. 1, 1991). As we have noted, “fear of retribution over purely personal matters or fear of general conditions of violence and upheaval do not qualify an alien for asylum.” Perkovic, 33 F.3d at 621 (internal quotation marks omitted). The applicant who satisfies the burden of establishing past persecution is presumed to have a well-founded fear of future persecution. See Mikhailevitch, 146 F.3d at 389; 8 C.F.R. § 208.13(b)(1). The applicant who fails to establish that she is a “refugee” under § 1158(a) will necessarily fail to satisfy the more stringent standard governing an application for withholding of removal under § 1231(b)(l)(3). See INS v. Cardoza-Fonseca, 480 U.S. 421, 449-50, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987); INS v. Stevic, 467 U.S. 407, 424, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984); Koliada v. INS, 259 F.3d 482, 489 (6th Cir.2001); Mikhailevitch, 146 F.3d at 391.

Edith Namahoro testified that she was a 23-year-old native and citizen of Burundi, and that she fled Burundi on May 26, 2001. [97]*97She testified that she traveled through Rwanda, Uganda, Kenya, Belgium and France, ultimately arriving on August 25, 2001 in Cincinnati with a fraudulent French passport. In her application for asylum, she claimed that she is a member of the Hutu tribe; that her father and mother were killed by the Tutsi ruling party on October 21, 1993 due to their support of the Burundi National Front, the democratic party of Melchoir Ndadaye; that her brother was taken away and never seen again; that after her parents were killed, she was “forced to live in Hutu refugee camps”; that she received written threats that she would be killed if she stayed in the capital among the Tutsi tribe; and that she was arrested in 1998 for “being Hutu”; and that she fears returning to Burundi because she will be tortured, killed, or subject to sexual assaults by Tutsi military soldiers. She did not apply for asylum in any other country, including Belgium and France, despite having lived in Belgium for over two months before taking a bus to Paris.

The record indicates that, in a sworn statement before the Immigration Inspector, Namahoro said that she left Burundi “because the country is in war, my parents are dead, and they destroyed my home.” (J.A. at 47.) She also said that she was coming to the United States to look for her fiancé. (J.A. at 48.) At the hearing before the immigration judge, Namahoro testified that her parents were killed by “a soldier” and that she fled Burundi because she and her brothers were persecuted by “soldiers.” She testified that she had been arrested in 1998 for throwing rocks at soldiers, held in prison for two days, released, and ultimately pardoned. In response to the question whether she had ever been tortured, she responded “yes,” but when asked for details, she vaguely responded that she had “experienced persecution [from] the soldiers.” Asked when the persecution took place, Namahoro responded:

And, and uh, uh, we, uh, we fled, uh, and separated because I was the, uh, that is my brother, or the oldest, excuse me, my brother sent me letters and told me that I should try to leave the country.

(J.A. at 40.) When asked why she could not return to Burundi, Namahoro stated:

Uh, because, uh, the people who killed, uh, my parents, uh, they killed my parents, they, they stole everything that we had, uh, and as a result of the conventions, uh, in South Africa, uh, they are attempting to, uh, establish, uh, uh, a state of peace, uh, and they said that if I or my brothers return, uh, that we would be, uh, accused, uh.

(J.A.

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