Samba Diallo v. Eric H. Holder, Jr.

312 F. App'x 790
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 24, 2009
Docket07-4267
StatusUnpublished
Cited by7 cases

This text of 312 F. App'x 790 (Samba Diallo 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
Samba Diallo v. Eric H. Holder, Jr., 312 F. App'x 790 (6th Cir. 2009).

Opinion

PER CURIAM.

Petitioner Samba Diallo (“Diallo”) seeks review of a decision by the Board of Immigration Appeals (“BIA”). The BIA upheld the decision of the Immigration Judge (“IJ”) that Diallo was statutorily ineligible for asylum and he was not entitled to withholding of removal or protection under the Convention Against Torture (“CAT”) because his testimony was incredible. For the reasons that follow, we find the BIA’s decision is supported by substantial evidence and we therefore DENY the petition for review.

I.

Diallo, a native and citizen of Guinea, entered the United States illegally on or about October 12, 2000. He subsequently filed an application for asylum with the former Immigration and Naturalization Service (“INS”) on December 11, 2001. 1 The INS did not grant his application but instead commenced removal proceedings *792 pursuant to § 237(a)(1)(B) of the INA, 8 U.S.C. § 1227(a)(1)(B). Diallo conceded removability. He thereafter renewed his application for asylum under § 208 of the INA, 8 U.S.C. § 1158, and, in the alternative, sought withholding of removal under § 241(b)(3) of the INA, 8 U.S.C. § 1231(b)(3), and protection under the CAT. Diallo based his request for relief on a claim of past persecution or a well-founded fear of future persecution on account of his political opinion and membership in a particular social group.

A. The Original Asylum Application

Diallo provided the following information in his original asylum application: He was born in Conakry, Guinea in 1974 and is a member of the Fulani ethnic group. He left Guinea because of mistreatment he and his family received at the hands of the government based on their Fulani ethnicity. Diallo and his parents were members of Mamadou Ba’s political party. 2 His family’s business was set on fire and he and his father were arrested by soldiers and detained at the Almamy Samory military camp. After his release from the military camp, his father helped him leave the country. Diallo left Guinea on October 11, 2001, and entered the United States on October 15, 2001, after spending two days in Senegal. 3 Diallo feared being arrested and mistreated again by military soldiers if he were forced to return to Guinea.

B. The Amended Asylum Application

Diallo filed an amended asylum application and supporting documentation with the assistance of counsel on May 10, 2004. In the amended application, he states as follows: He and his family experienced harm and mistreatment at the hands of the government of Guinea because they were members of the Union for Progress and Renewal, or UPR, a political party led by Mamadou Ba which had many black Fulani members. Diallo first joined the UPR in 1996. He worked at his father’s general store in Conakry, where he and his father helped Mamadou Ba campaign by making t-shirts and other items in support of the UPR. In December 1999, several government soldiers came to his father’s general store and interrogated him and his father about their involvement with the UPR. The soldiers beat Diallo’s father with plastic cords and set the store on fire. They then arrested Diallo and his father and took them to a military prison in Almamy Samory, where they separated the two of them. Diallo described the conditions in the prison as “unspeakable.” He was given only one meal a day and was forced to work like a slave. The soldiers regularly kicked him and beat him with whips and batons. After being detained for six months, he was released from prison in June 2000 when his father, who had been freed earlier, bribed the guards. Diallo’s father arranged for him to escape to Mali the day after his release. Diallo remained in Mali for approximately four months before coming to the United States, where he arrived on October 15, 2000. He did not apply for asylum in Mali and is not eligible for permanent residence there. Diallo fears that he will be detained and tortured by government soldiers if he is forced to return to Guinea because he and his father were very active in the UPR and President Lansana Conte and his ruling government oppose all political opposition parties with violence. Diallo has been unable to contact his father since he left Mali to come to *793 the United States and he is unaware of his whereabouts or whether his family still supports or participates in the UPR. Diallo remains a member of the UPR, although his participation is limited because he is in the United States.

C. The Asylum Hearing

At the asylum hearing, Diallo gave the following testimony, which he alleges proves a well-founded fear of persecution and would thereby permit him asylum in the United States: He became a member of the UPR political party in 1996 and was politically active. His father was also a member of the UPR and a salesman who would buy t-shirts in China and then put the UPR name on them to sell at his store. 4 The t-shirts “never went directly to Mamdou Bah’s office.” His father also sold shoes and hats at the store. In 1998, his father bought some t-shirts in China that Diallo was supposed to pick up at the port of entry and take to their store. A tax official and policeman produced a document and told Diallo that he could not take the t-shirts but he instead had to leave them at the port. Diallo returned to his father, who paid money to have the merchandise released.

Diallo and his father had problems because of their membership and participation in the UPR. An arrest warrant was issued for Diallo in February 1999 for various acts committed in March 1998. In December 1999, eight to ten members of the military who were wearing green t-shirts and carrying weapons came to the store in a truck. They beat Diallo with plastic sticks. They told Diallo and his father that they could no longer run their business because it was supporting the UPR. The soldiers then burned the store and took Diallo and his father to the police station. The soldiers told Diallo that he and his father were being imprisoned so that they would not be able to support Mamadou Ba. Diallo was then separated from his father and taken to Almamy Sa-mory. While imprisoned, he was treated like a slave and forced to farm and cut trees. He was beaten, kicked and mistreated by the guards. He was fed only once a day. He was detained for six months and released only after his father, who had been released earlier because of his age, paid a bribe. Neither Diallo nor his father was ever formally charged with a crime, but Diallo believes he and his father were arrested because they supported the UPR.

The day after his release from prison, on June 6, 2000, petitioner went to Mali by taxi. His father made the arrangements for him to leave Guinea and to stay in Mali with business acquaintances.

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312 F. App'x 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samba-diallo-v-eric-h-holder-jr-ca6-2009.