Faustin Ilunga v. Eric Holder, Jr.
2015 U.S. App. LEXIS 1215
| 4th Cir. | 2015Background
- Ilunga Mukadi Ilunga is a Congolese citizen who sought asylum, withholding of removal, and CAT protection after fleeing the Congo in 2008.
- He joined the MLC, opposed President Kabila, and publicly campaigned in Lubumbashi before deteriorating security following the 2006 election.
- He was tortured in prison after being arrested by ANR agents, including beatings, electric shocks, stabbing, and rape, and his family suffered torture and displacement.
- Ilunga escaped with Kalala from prison in February 2007, fled to Zambia, where his wife and children sought refuge, and he eventually entered the United States without a visa.
- At his removal hearing, the IJ found him not credible, citing inconsistencies in torture location, prayer practices, and dates on MLC documents, plus demeanor concerns.
- The BIA affirmed the IJ’s credibility findings and denial of relief, and Ilunga petitioned for review, which the court granted in part and remanded for further consideration of independent evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility basis for asylum denial | Ilunga argues credibility errors invalidate denial | IJ properly found inconsistencies and unreliability | Partially granted; remand to re-evaluate credibility with proper translation context and record evidence |
| Impact of translation and language issues | Translation problems undermined key inconsistencies | Inconsistencies reflect credibility, not translation error | Remand; IJ must account for translation quality in totality of circumstances |
| Independent documentary evidence supporting asylum | Independent evidence (MLC card, letters, medical, country conditions) establishes persecution | Independent evidence insufficient when credibility is rejected | Remand to consider whether combined independent evidence can establish persecution on remand |
| CAT relief on remand | Record may show likelihood of torture if returned | No reliable evidence to show likelihood of torture | Not reached; remand to reconsider CAT claim if asylum denied on remand |
Key Cases Cited
- Djadjou v. Holder, 662 F.3d 265 (4th Cir. 2011) (requires cogent reasons for credibility findings; prohibits cherry-picking evidence)
- Camara v. Ashcroft, 378 F.3d 361 (4th Cir. 2004) (independent documentary evidence can establish past persecution)
- INS v. Elias-Zacarias, 502 U.S. 478 (U.S. 1992) (persecution on account of political opinion may be shown by direct or circumstantial evidence)
- Li v. Gonzales, 405 F.3d 171 (4th Cir. 2005) (persecution involves infliction of harm on account of protected ground; consider circumstantial evidence)