Sergey Fisenko v. Eric H. Holder, Jr.

336 F. App'x 504
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 9, 2009
Docket08-4089
StatusUnpublished
Cited by15 cases

This text of 336 F. App'x 504 (Sergey Fisenko 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
Sergey Fisenko v. Eric H. Holder, Jr., 336 F. App'x 504 (6th Cir. 2009).

Opinion

OPINION

GRAHAM, Senior District Judge.

Petitioner Sergey Fisenko (Mr. Fisenko) seeks review of a final order of the Board of Immigration Appeals (BIA or Board) adopting and affirming the decision of the Immigration Judge denying Mr. Fisenko’s application for asylum and withholding of removal. Mr. Fisenko argues that the BIA erred when it affirmed the Immigration Judge’s decision because the Immigration Judge made an unreasonable demand for corroboration and because the Immigration Judge’s decision was not supported by substantial evidence. For the following reasons, we DENY the petition for review.

I. BACKGROUND

Mr. Fisenko claims to have suffered persecution on account of his Baptist faith at the hands of the Russian Cossacks and the Russian police. According to various internet articles Mr. Fisenko submitted into the record, Cossack origins have been traced back to the 18th Century. The Cossacks were elite members of society who were eventually incorporated into the hierarchy of the Russian state as scouts, border guards, and mercenaries. Today, Cossack values include “[a]n unyielding commitment to the country’s territorial integrity, a forceful stance against adversaries, and the promotion of traditional values .... Russian ethnicity and Orthodoxy are crucial to Cossack identity.” Joint Appendix, 151, 153 hereinafter “J.A.” During the hearing before the Immigration Judge, Mr. Fisenko introduced a video called “Death of a Nation.” The Immigration Judge stated that this video indicated that Cossacks in some parts of Russia view themselves as protectors of traditional Russia and serve in some parts of Russia as a “parallel police force with armed people in their ranks and under their control.” J.A. 67.

In November 2005, after Mr. Fisenko left for the United States, the State Duma passed a law which officially recognized the recruitment of Russian Cossacks into state service in police, military and border guard forces. The law confirmed the effective coordination between regional authorities and Cossack organizations. According to one article in the record, in southern Russia, “Cossack paramilitary units have figured prominently in violent campaigns to persecute and expel ethnic minorities and illegal immigrants — often with tacit official approval.” J.A. 157.

*506 Mr. Fisenko was born in Krasnador, Russia. He was raised as an atheist but later converted to the Baptist faith in 2003. After converting, he discussed his new-found faith with his neighbors and coworkers. People began mocking him for being different and calling him a “sectant.” Mr. Fisenko bases his claim of past persecution on the following six incidents.

In November 2003, as he was coming home from work, Mr. Fisenko’s neighbors began beating him, threatening to kill him, and threatening to slit his throat. He managed to make it safely inside his house and lock the door. Mr. Fisenko did not file a police report after this first incident.

In December 2003 Mr. Fisenko was stopped by three drunk Cossacks on patrol while he was coming home late from an evening worship service. They held him by his clothes and demanded to see his identification, even though they knew who he was. Mr. Fisenko recognized one of the Cossacks as “Ottoman.” He tried to escape but the patrolmen held him and started beating him and he fell. Once on the ground, the Cossacks beat him and he lost his orientation. They swore at him, calling him a Baptist and other “bad words.” J.A. 79. The Cossacks then handcuffed him and pushed him into their car. They took him to Cossack headquarters and told him they were going to take him to the police station and tell the police he was not obedient to authorities. They spilled vodka on him. A sober Cossack who was at the headquarters when Mr. Fisenko arrived took Mr. Fisenko to the hospital and told the staff that he had found Mr. Fisenko in this condition on the street. Mr. Fisenko was treated for a brain concussion and kidney hematoma and released.

Mr. Fisenko filed a police report and the police sent him to the forensics, department to examine him. According to the police report, the Cossacks had familiarized themselves with a list of wanted criminals prior to beginning their foot patrol that night. When they met Mr. Fisenko in the street and he did not produce identification, they believed that he met the description of one of these wanted criminals. They asked Mr. Fisenko to go to Cossack headquarters, but Mr. Fisenko refused and, assuming he was a wanted criminal, they attempted to capture him and drag him to the Cossack headquarters. Mr. Fisenko tried to flee and the Cossacks subdued him using physical force. According to the report, it was only later after Mr. Fisenko provided the Cossacks with an alibi for the crime of which he was suspected that the Cossacks let him go and took him to the hospital. The police report concluded that after the investigation no criminal charges should be filed against the Cossacks because Mr. Fisenko’s injuries were inflicted due to his resistance of lawful demands and the handcuffs were placed on him for less than two hours and only for transportation to Cossack headquarters.

In February 2004 as Mr. Fisenko was crossing the street, a car stopped, a Cossack got out, hit Mr. Fisenko, and called him a Baptist and “dirty words.” J.A. 80. The man then got back into his car and drove away. Again, Mr. Fisenko filed a police report and the police sent him to the forensics department for examination. The police report indicates there was one witness to the assault. The police ran the car model and the partial plate number, but found no cars that matched that registration. The police report indicates that in order to identify the attacker, Mr. Fisenko was shown pictures of Cossacks in the district but he was not able to identify anyone.

After the February 2004 incident and on an unknown date, two children threw bricks through Mr. Fisenko’s front and rear windshields. One of the children was *507 the son of Ottoman, the Cossack from the December 2003 incident involving the three drunk Cossacks. Mr. Fisenko reported this incident to the police and the police investigated. The police report stated that the son of Ottoman admitted that he wanted to create trouble for the “sectarian.” J.A. 405. The police report stated that in accordance with Russian law, the police could not charge the boys because they were not at least 14 years of age. The police, however, placed the boys on a watch list called the “Department of Crime Prevention of Minors” that identified minors who were prone to committing felonies. J.A. 405. The police report indicated Mr. Fisenko could seek material damages through a civil action, but Mr. Fisenko declined to do so.

After Mr. Fisenko acquired another car and on an unidentified date, the car was either set or caught on fire while parked outside Mr. Fisenko’s property. Mr. Fi-senko did not see anyone set fire to his car and does not know who was responsible. He called the police and the fire department and they told him that the “Cossacks said that they [were] going to make sure that all Baptists [were] going to move out of that area.” J.A. 85. The police report stated that the car was a 1974 model and the fire was probably caused by a short circuit of the electrical wiring of the car due to the way the car burned from the inside out.

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Bluebook (online)
336 F. App'x 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sergey-fisenko-v-eric-h-holder-jr-ca6-2009.