Akofa Christine Doumegno v. Loretta E. Lynch
640 F. App'x 571
| 8th Cir. | 2016Background
- Doumegno, a Togolese national, entered the U.S. in 2007 on a Beninese passport in the name Merime Laurell Goudou and then applied for asylum using her Togolese name Akofa Christine Doumegno.
- She submitted Togolese identity documents and evidence of Togolese ties, and also disclosed the Beninese passport and alias.
- The asylum office referred credibility/nexus concerns to immigration court; the IJ allowed continuances for identity verification but the government did not obtain original documents or verify nationality.
- The IJ found Doumegno’s Togolese documents and explanation suspect, credited the Beninese passport, and concluded she failed to prove her asserted Togolese identity and nationality; the IJ also sua sponte found fraud and ordered removal.
- The BIA affirmed the IJ’s findings, adopting the IJ’s reasoning; Doumegno petitioned for review arguing errors in legal standards and credibility weighing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BIA/IJ applied correct burden for proving identity/nationality | Doumegno: BIA/IJ misarticulated burden and created new presumption | Government: Asylum-seeker bears burden when identity legitimately in question | Held: No error — petitioner bears burden; IJ/BIA applied settled law |
| Whether IJ’s adverse credibility finding was proper | Doumegno: Credible testimony and documents established identity | Government: IJ properly assessed implausibilities and suspect documents | Held: Adverse credibility supported by specific, cogent reasons; court defers to IJ |
| Whether the Beninese passport was impermissibly treated as conclusive | Doumegno: Passport should not outweigh Togolese evidence automatically | Government: IJ weighed passport along with other evidence | Held: IJ weighed passport against Togolese documents; not treated as per se conclusive |
| Whether substantial evidence supports denial of asylum, withholding, and CAT relief | Doumegno: Preponderance of evidence shows Togolese identity, entitling relief | Government: IJ’s credibility/identity findings defeat all claims | Held: Substantial evidence supports denial of asylum, withholding, and CAT because claims rested on discredited identity testimony |
Key Cases Cited
- Falaja v. Gonzales, 418 F.3d 889 (8th Cir. 2005) (BIA decision is final agency decision subject to appellate review)
- Banat v. Holder, 557 F.3d 886 (8th Cir. 2009) (review of BIA adopts IJ reasoning; standard of review guidance)
- Diallo v. Mukasey, 508 F.3d 451 (8th Cir. 2007) (asylum-seeker must establish identity and nationality when legitimately in question)
- Perinpanathan v. INS, 310 F.3d 594 (8th Cir. 2002) (deference to IJ credibility findings when supported by cogent reasons)
- Nadeem v. Holder, 599 F.3d 869 (8th Cir. 2010) (appellate standard is substantial evidence review)
- Osonowo v. Mukasey, 521 F.3d 922 (8th Cir. 2008) (court will not reweigh evidence on review)
- Ali v. Holder, 686 F.3d 534 (8th Cir. 2012) (failure to prove identity undermines asylum and withholding claims)
- Khrystotodorov v. Mukasey, 551 F.3d 775 (8th Cir. 2008) (CAT analysis separate only if torture evidence unrelated to asylum grounds)