Said v. Ashcroft

93 F. App'x 83
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 19, 2004
DocketNo. 03-1118
StatusPublished

This text of 93 F. App'x 83 (Said v. Ashcroft) 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
Said v. Ashcroft, 93 F. App'x 83 (7th Cir. 2004).

Opinion

ORDER

Majed A. Said appeals a final order of the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of removal. The BIA determined that Said did not establish persecution in the West Bank as required for his asylum and withholding of removal claims. In addition, after Said submitted additional evidence, the BIA denied his motion to remand the proceedings to the Immigration Judge (IJ). We affirm.

I.

Majed Said is a Palestinian born in a small village outside of Hebron in the West Bank. He claims a right to stay in the United States because of alleged past political persecution, and the likelihood of future political persecution. Despite ruling against Said, the IJ found him persuasive and fully credited his testimony.

During Said’s childhood and early adulthood in the Middle East, he was known as a well-educated and practicing Muslim, respected far and wide for his incredible singing ability. He was a leader in the mosque and served as a “nasheet”-a singer of liturgical songs. Said obtained a visa to continue his studies in the United States and entered this country in 1988. He eventually terminated his studies in 1992 after running out of money.

Upon Said’s return to the West Bank in 1992, his old friends threw a party at which he was the guest of honor. At this party, Said claims to have publicly expressed his view that Arabs and Israelis could peacefully coexist. Approximately two weeks after the party, Said made a trip on foot to visit his uncle. On the way, he was approached by masked men with guns who “talked nicely to him,” but accused him of having collaborated with the Israelis. He denied the charge, and the masked men insisted that he had to secretly meet with them again in order to prove himself. The men implied that they would kill him if he spoke of the encounter or failed to attend the meeting. Said then [85]*85met with these men a second time, but only briefly. The men said at this second meeting that they were in a hurry to go elsewhere, but that it was a “good sign” that he showed up and that they would contact him for a third meeting. Before a third meeting could occur, Said fled back to the United States. Said’s brother claims that he received inquiries into Said’s whereabouts after he fled, and threats from the masked men that they would kill Said when they found him.

On October 14, 1997, the former INS issued Said a notice to appear, charging him with deportability under 8 U.S.C. § 1227(a)(1)(C)(i) (2000), for failing to comply with the conditions of the nonimmigrant status under which he was admitted to the United States. At a hearing before an IJ, Said testified that the masked men were members of the Palestinian Intifada. He speculated that the men had attended the party two weeks earlier and heard him express his desire for peace. He also stated that he was sought out by the men because of his education, leadership, and singing ability. In a sworn statement submitted with his asylum application, Said explained “my participation in their armed and violent uprising is what they were interested in regardless of my actual views or wishes.”

On February 3, 1999, the IJ denied Said’s application by finding that he had not been persecuted “on account of’ his political beliefs. The IJ instead concluded that the men were interested in Said because of his United States education and special skills as a singer. The record reveals that singing ability is crucial to the anti-Israeli movement because of the pervasive use the Intifada makes of music to incite violence. The IJ also emphasized that the events upon which Said relied to support his asylum claim occurred over six years prior to the immigration hearing (now 12 years ago), and that if the men were really interested in persecuting Said or his family, they would have done so.

Said then appealed the IJ’s decision to the BIA, and submitted additional evidence. Specifically, the additional evidence consisted of a letter from a professor who stated that Said’s opposition to the men was a brave expression of political opinion, and that it did not seem strange that the militants did not take action against Said’s family. The BIA affirmed the IJ’s decision on December 16, 2002, and found that the new evidence was insufficient to change the outcome or warrant a remand to the IJ. This appeal followed.

II.

A.

In reviewing the IJ’s decision (adopted by the BIA) we must affirm “unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B)(2000). Said has the burden to show that a reasonable IJ would be compelled to find that he is a refugee who has suffered persecution or has a well-founded fear of persecution in the West Bank “on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A) (emphasis added); 8 C.F.R. § 208.13(a). The “on account of’ requirement is key to the asylum determination-“since the statute makes motive critical, [the asylum applicant] must provide some evidence of it, direct or circumstantial.” INS v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992).

Here, Said claims he was persecut[86]*86ed on account of his political opinion.1 He states that he expressed his views in favor of peace at his welcome-back party. As stated, the IJ fully credited Said’s testimony. However, the IJ nonetheless concluded that Said was not recruited by the masked men because of his political opinion, but because of his special skills.

Said acknowledges that the men were interested in him because of his education, his singing talent, and his credibility as a leader. The record before the IJ reveals that singers are useful to the Intifada movement because religious songs recorded on cassette are used to incite violence against Israel. Said acknowledges the importance of his musical talent to this effort. The masked men were not concerned with discussing his actual views-when he denied being an Israeli collaborator, they simply said that they did not want to argue about it. Instead, they instructed him to meet with them again and to keep quiet about the meetings. This case is similar to Elias-Zacanas, 502 U.S. at 483, 112 S.Ct. 812, which involved a guerilla organization’s attempt to recruit an alien “to fill their ranks in order to carry on their war against the government and pursue their political goals.” Just as in Elias-Zacarias, the masked thugs’ recruiting efforts directed at Said do not compel the conclusion that he was persecuted “on account of’ his political opinion. Regardless of Said’s views, he had specific value to the masked men as a voice through which their anti-Israeli sentiment could be spread.

On appeal, Said now attempts to shift the focus of his arguments from his special singing ability, education, and leadership to the views he stated at the party.

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93 F. App'x 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/said-v-ashcroft-ca7-2004.