Nelly Imelda Bockou Essohou v. Alberto R. Gonzales, Attorney General of the United States

471 F.3d 518, 2006 U.S. App. LEXIS 30839, 2006 WL 3691456
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 15, 2006
Docket05-2421
StatusPublished
Cited by15 cases

This text of 471 F.3d 518 (Nelly Imelda Bockou Essohou v. Alberto R. Gonzales, Attorney General of the United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nelly Imelda Bockou Essohou v. Alberto R. Gonzales, Attorney General of the United States, 471 F.3d 518, 2006 U.S. App. LEXIS 30839, 2006 WL 3691456 (4th Cir. 2006).

Opinion

Petition for review granted; vacated and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge KING and Judge GREGORY concurred.

OPINION

SHEDD, Circuit Judge.

Nelly Imelda Bockou Essohou, a native and citizen of the Republic of the Congo, entered the United States in October 2001. *520 She was admitted as a nonimmigrant and authorized to remain until late January 2002. In April 2003, the Immigration and Naturalization Service (“INS”) served her with a Notice to Appear at removal proceedings. 1 Subsequently, she applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). She conceded removability. An Immigration Judge (“IJ”) denied Bock-ou Essohou’s applications, finding that she failed to establish refugee status. Bockou Essohou appealed the IJ’s decision to the Board of Immigration Appeals (“Board”), which reversed the IJ’s findings on refugee status but dismissed her appeal on alternate grounds. Bockou Essohou now petitions for review of the Board’s decision. For the reasons that follow, we grant the petition for review, vacate the Board’s decision, and remand this case for further proceedings consistent with this opinion.

I

The Immigration and Nationality Act (“INA”) permits the Attorney General to confer asylum on any refugee. 8 U.S.C. § 1158(b). A refugee is an applicant who is unable or unwilling to return to the country of removal “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.” 8 U.S.C. § 1101(a)(42)(A). The applicant bears the burden of making such a showing. Naizgi v. Gonzales, 455 F.3d 484, 486 (4th Cir.2006). However, an applicant who demonstrates that she was the victim of past persecution on the basis of a protected ground is presumed to have a well-founded fear of future persecution. 8 C.F.R. § 1208.13(b)(1). The Department may rebut this presumption by demonstrating by a preponderance of the evidence either “a fundamental change in circumstances such that the applicant no longer has a well-founded fear of persecution” or that the applicant could avoid future persecution by internally relocating to another part of the country and it would be reasonably possible to do so. 8 C.F.R. §§ 1208.13(b)(l)(i)(A), (b)(l)(i)(B), (b)(l)(ii).

On appeal, we afford substantial — but not unlimited — deference to the Board’s decision regarding an order of removal, applying the narrow standards of review mandated by Congress. See Ngarurih v. Ashcroft, 371 F.3d 182, 184 (4th Cir.2004). Ultimately, we will uphold the Board’s decision unless it is “manifestly contrary to law.” 8 U.S.C. § 1252(b)(4)(C). In making this determination, we review the Board’s factual findings under a substantial evidence standard, affirming the Board unless no reasonable factfinder could agree with the Board’s conclusions. Gandziami-Mickhou v. Gonzales, 445 F.3d 351, 354 (4th Cir.2006). Indeed, we must affirm findings of fact unless “any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B). Likewise, we defer to the Board’s credibility findings that are supported by substantial evidence. Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir.2004).

II

A.

In 1997, Bockou Essohou resided in the Republic of the Congo, where she was a member of the Congolese Movement for *521 Democracy and Integral Development (“MCDDI”). As a member of the MCDDI, Bockou Essohou helped organize efforts to educate young people about the party’s presidential candidate. Following the outbreak of civil war in 1997, the “Cobras,” a paramilitary group aligned with the sitting president and opposed to the MCDDI’s presidential candidate, came to Bockou Essohou’s home. The Cobras broke down Bockou Essohou’s door, searched her home, forcibly removed her from hiding under her bed, and beat and raped her. Eventually, Bockou Essohou lost consciousness. When she awoke, Bockou Essohou was incarcerated and only partially clothed. Bockou Essohou remained in detention for at least two months, during which time the Cobras continued to abuse her. Significantly, the Cobras questioned Bockou Essohou about her affiliation with the MCDDI, particularly the location of her MCDDI colleagues.

Around August of 1997, Bockou Essohou escaped and began hiding from the Cobras for a period that spanned approximately four years. Initially, she fled to the Democratic Republic of the Congo, where she remained for only a brief time. At one point, Bockou Essohou stayed three days in a refugee camp there, but she left because the conditions were poor and rape was prevalent. Eventually, Bockou Esso-hou decided to return to the Republic of the Congo. She returned to her village in the Pool region and stayed for two years. Thereafter, Bockou Essohou decided to go to Brazzaville, where her mother lived. Bockou Essohou’s mother begged her not to live there because the Cobras were in that area and people had been inquiring about her. Accordingly, Bockou Essohou went to live with a girlfriend in another district.

Bockou Essohou lived undisturbed with the girlfriend for about two months. After two months, the Cobras found out where Bockou Essohou was living. One day, while Bockou Essohou was not at home, the Cobras ransacked the girlfriend’s house searching for Bockou Essohou. They threatened to kill the girlfriend if she did not turn Bockou Essohou over to them. When Bockou Essohou came home, the girlfriend arranged for her to live with the girlfriend’s parents in the village of Ban-zandouga.

Once in Banzandouga, Bockou-Essohou lived for approximately 20 months without detection by the Cobras. The Cobras eventually came to the village, and Bockou Essohou became fearful that they would find her and kill her. At that time, the girlfriend’s parents helped Bockou Esso-hou procure documentation and leave the country. After leaving the Republic of the Congo, Bockou Essohou resided in France for 20 days before coming to the United States.

B.

In an oral decision, the IJ denied Bock-ou Essohou’s application for asylum.

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471 F.3d 518, 2006 U.S. App. LEXIS 30839, 2006 WL 3691456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelly-imelda-bockou-essohou-v-alberto-r-gonzales-attorney-general-of-the-ca4-2006.