Youssef v. Attorney General of United States

242 F. App'x 866
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 24, 2007
Docket06-2131
StatusUnpublished

This text of 242 F. App'x 866 (Youssef v. Attorney General of United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Youssef v. Attorney General of United States, 242 F. App'x 866 (3d Cir. 2007).

Opinion

OPINION

SLOVITER, Circuit Judge.

Petitioner Youssef Mahrous Basta Youssef seeks review of the decision of the Board of Immigration Appeals (“BIA”) which denied his application for asylum and ordered his removal from the United States.

I.

Youssef, who came to the United States from Egypt as a nonimmigrant visitor for pleasure, overstayed and was charged on August 27, 2001 as subject to removal under 8 U.S.C. § 1227(a)(1)(B). Youssef appeared before an Immigration Judge (“U”) on November 15, 2001, conceded that he was removable, and applied for asylum, withholding of removal, protection under the Convention Against Torture, and alternately, voluntary departure.

II.

At his hearing before an Administrative Law Judge (“ALJ”), Youssef testified that he was born in Egypt and is a Coptic Christian. He also taught bible studies in Sunday School from 1984-89, worked as a science teacher beginning in 1988, and served in his church. Beginning in 1984, members of Jamaat Islamiah began to insult him when he was with priests on the street and threaten him by phone calls that told him to stop giving tours to foreigners because they were not Moslems.

On March 11, 1994, he heard gunshots at the monastery and found two monks and three tourists had been killed. He was later informed that Jamaat Islamiah was responsible. After this incident, he stopped working at the monastery for six months, but returned in January 1995. In response to questioning by the IJ about his response, Youssef stated that he had misunderstood his attorney’s question and had thought he asked about when “the first accident” occurred.

Youssef stated that between September of 1994 and January of 1995 he received threatening letters from Jamaat Islamiah warning him to stop working at the monastery. He stated that on January 7, 1995, he and his brother were attacked by Jamaat Islamiah while returning from church, and were beaten for fifteen to twenty minutes with knives and bicycle chains. He described his face as covered with blood but stated that the only injury he received was a cut on his finger. He explained his lack of injuries by stating that his brother was “hovering” over him, though he testified that neither of them went to the hospital nor did they report the incident to the police. During cross-examination, the government pointed out that in his affidavit, Youssef stated that he had bruises and scars from the beating. Youssef explained this discrepancy by stating that he had scars that healed, though the cut on his finger had not.

Youssef stated that in February 1997 the parents of his students protested his teaching of religion in school, but he claimed he had not taught religion and believed Jamaat Islamiah told the children to complain to their parents. He testified that afterwards he received letters from Jamaat Islamiah stating that they would *868 stop his religious activities outside of school as well.

Youssef described an incident in August 1998 when he was shot at while going to the monastery, and he described hearing the shot and seeing a red flash of light as the bullet passed by him. He stated that he ran and hid in a cemetery, but he never called the police about the incident. He testified that his father received a phone call from Jamaat Islamiah stating that next time they wouldn’t miss Youssef and threatening to harm his father if he reported the incident to the police. When Youssefs brother, Gamal, testified about the same event, he described the incident as a beating rather than a shooting. When Gamal was asked on cross-examination about the contradiction between his own application and Youssefs testimony, Gamal changed his testimony to say that it was a shooting and that he remembered incorrectly because he only had secondhand knowledge of the event.

Youssef moved to Cairo in January 1999, where he and his brother set up a food distribution business. He testified that he received a letter from Jamaat Islamiah in July 1999 stating they would kill him. At this time Youssef decided to leave Egypt. Gamal testified that after Youssef left, Jamaat Islamiah demanded money from him and later destroyed his business. He did call the police but they took three hours to respond.

On cross-examination, the government noted that Youssefs documents indicated that he became a teacher in 1983, rather than in 1988 as he had stated. Youssef reaffirmed that he began teaching in 1988, and he explained that “in Egypt, when we renew the I.D. cards, it still ... carries the date of issue of the old I.D.” App. at 168. The government also asked why he had no letters from the priests he worked with, and Youssef claimed he had asked for a letter but the priests were afraid of reprisals from Jamaat Islamiah. Youssef also stated that his parents, sister, and one brother still lived in Egypt and were Christians.

Following two hearings, the IJ denied the applications for asylum, withholding of removal to Egypt, and voluntary departure, and ordered Youssef and Gamal removed to Egypt. The IJ concluded that the brothers lacked credibility because their testimony was inconsistent and changed in response to their impeachment of each other, and he therefore found their applications for asylum were frivolous. The IJ further found that even if they were credible, they failed to prove the necessary persecution because the documentation showed that they were not persecuted by the Egyptian government and the government was not unable or unwilling to protect Coptic Christians from terrorists. Also, the IJ found they had failed to establish a well-founded fear of persecution because their refusal to use the police for protection was unjustified in light of the fact that no harm had come to their family. Finally, the IJ concluded that they did not qualify for voluntary departure because they stated they would not leave.

On appeal, the BIA agreed that Youssef and his brother “may well have embellished their stories of attack somewhat,” particularly in light of the description of the fifteen to twenty minute attack with knife and chain that did not require hospitalization. App. at 2. However, it found that because the record supported that they were Coptic Christians and that Christians were regularly attacked in Egypt, they did show they suffered “some sort of attack and endure[d] threats,” so their applications were not frivolous. App. at 2. The BIA affirmed the IJ’s decision that they were not entitled to asylum because they failed to show their experience *869 rose to the level of persecution, and they did not show the Egyptian government was unable or unwilling to protect them. It affirmed the denial of voluntary departure based on Gamal’s statement that he would not leave and Youssefs failure to provide evidence of his eligibility. Youssef, but not Gamal, filed this petition for review. 1

III.

We review the decision of the BIA for substantial evidence, but where the BIA in its decision adopts or defers to the opinion of an IJ, we also review the decision of both the IJ and the BIA. See Xie v. Ashcroft, 359 F.3d 239

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242 F. App'x 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youssef-v-attorney-general-of-united-states-ca3-2007.