Wilson v. Mukasey

275 F. App'x 555
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 30, 2008
DocketNo. 07-1677
StatusPublished

This text of 275 F. App'x 555 (Wilson v. Mukasey) 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
Wilson v. Mukasey, 275 F. App'x 555 (7th Cir. 2008).

Opinion

ORDER

Samuel Nii Abdul Wilson, a citizen and native of Ghana, entered the United States without inspection in 1994 and has lived in this country ever since. In 2001 the Immigration and Naturalization Service (INS) began removal proceedings against him. Wilson conceded that he was subject to removal, but presented an application for withholding of removal and protection under the Convention Against Torture (CAT). An immigration judge denied Wilson’s application, concluding that he had failed to establish that he was at risk of persecution if returned to Ghana or that he is a member of a cognizable social group. The IJ ordered that Wilson be granted voluntary departure. The Board of Immigration Appeals affirmed the decision. Wilson petitions for review, arguing that the BIA erred in denying his application because he fears persecution on account of his ties to his family which, according to him, constitutes a social group. We deny the petition for review.

In December 2001, the INS issued a Notice to Appear, charging that Wilson was subject to removal pursuant to INA § 212(a)(6)(A)(i) as an alien present in the United States without being admitted or paroled. See 8 U.S.C. § 1182(a)(6)(A)(i). [557]*557At the hearing, Wilson, through counsel, conceded removability but asked for withholding of removal and relief under the CAT.

Wilson testified that he had been a member of the Ga tribe and lived in the southeastern part of Ghana, where his father was a local tribal chief, and his father was responsible for buying and selling land, including the land near a gravel and limestone quarry. His father, Wilson said, created enemies by repeatedly selling the rights to the same pieces of land to different members of the Nanumba tribe, who were squatters living near and around the quarry. In addition, Wilson testified that his father did not disclose all of the land sales he made and kept money that should have been shared with the Ga Tribe. Wilson said that, in revenge, two members of the Nanumba tribe hired gangsters called “Macho Men” who in late 1992 burned down his family’s home. After settling the dispute, his father continued to resell the same land and engender hatred against his family, culminating in the murder of his father in October 1994. Wilson left Ghana for the United States seven months before his father’s death, but testified that he learned of the murder from an article in a Ghanaian newspaper. Wilson did not keep copies of the newspaper articles, but he claimed that he read that members of the Nanumba tribe hired “Macho Men” who beat his father, slit his throat, placed a tire filled with gasoline around his neck, and set him on fire.

Wilson testified that he was afraid to return to Ghana because, based on conversations he had with unnamed people there, members of his own tribe expect him to revenge his father’s death. He fears that if he refuses to do so, his own tribe members will kill him. He also maintains that the Ga and Nanumba tribes have reconciled and, in addition to fearing his own tribe, he fears that members of the Na-numba tribe who were cheated by his father might take revenge against him if he were to return to Ghana. Wilson said that he would be recognized if he returned to Ghana because he had accompanied his father on some of his land sales. He believes the police are impotent and the courts too corrupt to provide him any protection.

To support his claim, Wilson offered a 2003 U.S. Department of State country report on human rights practices in Ghana; and a United Nations report on minorities in Ghana. Both reports listed the presence of the Ga Tribe in southeast Ghana and the existence of the Nanumba tribe and mention land disputes, chieftaincy disputes, and mob vigilante justice, including specific mention of the “Macho Men.” Nonetheless, the U.N. report concluded that the “birth of the fourth Republic has led to a relatively liberalized political and human rights atmosphere in Ghana,” and the State Department. report noted that the government generally respects “the human rights of its citizens.”

In July 2006 the IJ issued a written opinion denying Wilson’s application. The IJ stated that although Wilson’s testimony was credible, Wilson failed to make a claim based on ethnicity, political opinion, or membership in a particular social group. The IJ reasoned that Wilson’s father was murdered because he swindled people out of land, not because he was a member of a cognizable group. And in any event, Wilson failed to provide any evidence to corroborate his claim that he was under threat of mistreatment for refusing to avenge his father’s death. Finally, the IJ denied relief under the CAT, concluding that Wilson had not shown that he faces a likelihood of being tortured by the government of Ghana or that the government has any interest in mistreating him.

[558]*558Wilson appealed to the BIA, which denied his appeal, finding that Wilson had failed to “articulate a nexus between his fear of return and a protected ground in the Act.” The BIA held that any fear of retribution Wilson might have was based on personal matters, not on his membership in a social group, and found that Wilson was unlikely to be in danger because the murder of his father occurred many years ago. The BIA also agreed with the IJ that Wilson failed to show that he was more likely than not to be subject to torture “by or at the acquiescence of any government official if returned to Ghana.”

Wilson argues in this court that the BIA erred in refusing to grant withholding of removal and that he should be granted relief because he fears persecution on the basis of his membership in a social group. But he now identifies his family, not his tribe, as the relevant social group. Specifically, he argues that he will face persecution at the hands of the Nanumba because of his status as “his father’s son.” Wilson also contends that he was not required to corroborate his claims because the IJ found his testimony credible, and in any event, he argues that the State Department report and U.N. report provide sufficient corroboration. Finally, he argues that he qualifies for relief under the CAT because the State Department report supports his contention that Ghana will not protect him from the Macho Men.

When the BIA issues its own opinion, as it did here, as opposed to adopting or merely supplementing the opinion of the IJ, we review only the opinion of the BIA. Moab v. Gonzales, 500 F.3d 656, 659 (7th Cir.2007). We review Wilson’s claims for withholding of removal and relief under the CAT using the substantial evidence standard, and will uphold the BIA’s decision if it is “ ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” See id. at 660 (quoting INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)). We review the BIA’s legal conclusions de novo, Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006), and will grant the petition only if the record “compels” the conclusion that the petitioner is entitled to the relief sought, Tarraf v. Gonzales, 495 F.3d 525, 532 (7th Cir.2007).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
275 F. App'x 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-mukasey-ca7-2008.