Rasaq Dipo Salaam v. Immigration and Naturalization Service

229 F.3d 1234, 2000 Daily Journal DAR 11255, 2000 Cal. Daily Op. Serv. 8446, 2000 U.S. App. LEXIS 25943, 2000 WL 1532510
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 18, 2000
Docket98-71439
StatusPublished
Cited by160 cases

This text of 229 F.3d 1234 (Rasaq Dipo Salaam v. Immigration and Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rasaq Dipo Salaam v. Immigration and Naturalization Service, 229 F.3d 1234, 2000 Daily Journal DAR 11255, 2000 Cal. Daily Op. Serv. 8446, 2000 U.S. App. LEXIS 25943, 2000 WL 1532510 (9th Cir. 2000).

Opinion

PER CURIAM:

Rasaq Dipo Salaam petitions for review of the decision of a divided Board of Immigration Appeals (BIA) denying his application for asylum and withholding of removal. We grant petition for review.

I. Background

The following information is drawn from Petitioner’s application for asylum and testimony before the Immigration Judge (IJ). Rasaq Dipo Salaam, a 23-year-old Nigerian citizen, had been politically active in his home country since high school. In 1994, Salaam joined the Free Nigeria Movement (FNM), an organization whose mission is to fight government abuses. Less than one year after joining the organization, at age eighteen, Salaam became vice-president of the FNM chapter for his district of approximately 65 members. Salaam hand wrote “articles” or fliers criticizing the government and posted them around Lagos, Nigeria’s capital. Each flier listed Salaam’s name and address because he wanted people to send him information about further government abuses for inclusion in subsequent fliers. Salaam also organized demonstrations protesting government oppression. Salaam was the sole speaker at these meetings, which were intended to further disseminate the information contained in his fliers. Approximately 200-300 people attended the demonstrations, a count based on the number of fliers distributed.

The Nigerian police arrested Salaam four times. Each arrest followed circulation of one of Salaam’s fliers attacking the government. The fliers criticized the government for such abuses as the execution of Ken Sara-Wiwa, a prominent opposition figure, the annulment of elections, the perpetration of random acts of violence against the population, and police corruption. After each arrest, Salaam was held incommunicado for several days and tortured by flogging. Salaam bears scars from these beatings near his right eye, on his right elbow, and on both knees. Despite these arrests, Salaam continued to circulate fliers critical of the government and to include his name and address.

The Nigerian police attempted to arrest Salaam a fifth time on March 7, 1997. When the armed officers arrived at his home, however, Salaam was out visiting a *1237 friend. Hearing a radio inside, the officers broke down Salaam’s door and ransacked his belongings. Salaam believes the police intended to arrest him as part of an effort to keep opposition leaders from disrupting up-coming elections. Fearing the police would again torture and perhaps kill him, Salaam slept in the streets for two weeks. He then fled to Ghana and eventually to the United States. He was able to gather only a few items of clothing and one textbook from among his scattered belongings before he fled.

After testifying to these events before the IJ, Salaam called two witnesses in support of his application for asylum. Olu-femi Samuel, another young Nigerian political activist who was granted political asylum in the United States, met Salaam at a political meeting in 1988. Samuel was impressed by Salaam, a particularly vocal young activist, and predicted Salaam would someday “be something,” perhaps Nigeria’s president. After Samuel fled to the United States, he spoke to Salaam on the phone and encouraged Salaam to flee Nigeria as well. Salaam responded: “you guys are like people that ran away from the country when you should have been there, you know, a warrior and fight.... ” Salaam declared that he would die for his country.

Salaam’s second witness was his older brother, Lekam Salaam, who testified that Petitioner has always been an aggressive and vocal person and that their mother worried about the danger to him because of his political activities.

In addition to these witnesses, Salaam submitted a State Department Profile of Asylum Claims and Country Conditions stating that the human rights situation in Nigeria “remains dismal” and opposition leaders are “at real risk,” and another report confirming that “police and security services commonly committed extra-judicial killings and used excessive force to quell anti-government and pro-democracy protests.” Finally, Salaam submitted documentary evidence that the FNM is “a grassroots based global mass movement working for the full and total restoration of freedom to Nigeria and its people.”

The BIA conducted an independent review of Salaam’s application. The BIA “disagree[d] with the Immigration Judge’s finding of adverse credibility” but nonetheless concluded Salaam had not met his burden of proving eligibility for asylum because (1) aspects of his claim were “implausible” and (2) he failed to provide corroborating evidence. The Board found it “implausible” that Salaam was elected vice-president of the FNM when he was eighteen years old, and had been a member for less than a year. The Board found this aspect of Salaam’s claim in conflict with information Salaam provided regarding the importance of the FNM. The Board also found it “unlikely” that Salaam was the sole spokesperson for the organization, and “implausible” that Salaam continued to put his name on his political writings after being arrested and beaten because of them. For these reasons, the BIA concluded Salaam “did not provide through his testimony a sufficiently detailed and believable account of the basis of his fear to meet his burden of proof solely on his testimony.”

The BIA’s second ground for denying Salaam asylum was that he failed to produce evidence to corroborate his claim or a reasonable explanation for his failure to do so. The BIA said various documents “should have been available” including evidence of Salaam’s affiliation with the FNM, his medical records, and the fliers themselves. Salaam petitions for review. We have jurisdiction pursuant to 8 U.S.C. § 1252.

II. Standard of Review

Because the BIA conducted a de novo review of Salaam’s eligibility for asylum, we review the Board’s decision. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995). We review the factual findings underlying the BIA’s decision, including its *1238 adverse credibility finding, under the substantial evidence test. See Arteaga, v. INS, 886 F.2d 1227, 1228 (9th Cir.1988); Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996).

III. Analysis

A. Adverse Credibility Determination

Although the BIA rejected the IJ’s adverse credibility determination, the BIA failed to make an explicit credibility finding of its own. The BIA simply commented on the “implausibility” of aspects of Salaam’s testimony and concluded that Salaam had not met his burden of proving eligibility for asylum. Because a finding that testimony is “implausible” indicates disbelief, for the purposes of this appeal, we treat the BIA’s comments regarding “implausibility” as an adverse credibility finding. Cf. Abovian v. INS,

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

Related

Singh v. Bondi
Ninth Circuit, 2025
Yu Chen v. Merrick Garland
Ninth Circuit, 2022
Dechang Cui v. Jeffrey Rosen
Ninth Circuit, 2021
Wenzhuang Li v. Jefferson Sessions
708 F. App'x 917 (Ninth Circuit, 2018)
Ganbold Tsegmed v. Loretta E. Lynch
617 F. App'x 717 (Ninth Circuit, 2015)
Lianhua Jiang v. Eric Holder, Jr.
754 F.3d 733 (Ninth Circuit, 2014)
Bassene v. Holder
737 F.3d 530 (Ninth Circuit, 2013)
Karedia v. Holder
503 F. App'x 544 (Ninth Circuit, 2013)
Mark Yeglaryan v. Eric Holder, Jr.
500 F. App'x 583 (Ninth Circuit, 2012)
Zhikai Qian v. Eric Holder, Jr.
470 F. App'x 660 (Ninth Circuit, 2012)
Jit-Singh v. Holder
454 F. App'x 607 (Ninth Circuit, 2011)
Aolin Zhang v. Holder
447 F. App'x 787 (Ninth Circuit, 2011)
D-R
25 I. & N. Dec. 445 (Board of Immigration Appeals, 2011)
Liansheng Shen v. Holder
437 F. App'x 613 (Ninth Circuit, 2011)
Morozov v. Holder
412 F. App'x 951 (Ninth Circuit, 2011)
Makane Rwaril v. Eric Holder, Jr.
404 F. App'x 105 (Ninth Circuit, 2010)
Iazichyan v. Holder
380 F. App'x 679 (Ninth Circuit, 2010)
Abuhawa v. Holder
378 F. App'x 741 (Ninth Circuit, 2010)
Avdalyan v. Holder
358 F. App'x 809 (Ninth Circuit, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
229 F.3d 1234, 2000 Daily Journal DAR 11255, 2000 Cal. Daily Op. Serv. 8446, 2000 U.S. App. LEXIS 25943, 2000 WL 1532510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rasaq-dipo-salaam-v-immigration-and-naturalization-service-ca9-2000.