438 F. App'x 378
6th Cir.2011Background
- Kassem, a Lebanon-born, Liberia-native, entered the U.S. in 2002 as a nonimmigrant; his visa expired shortly after.
- Proceedings began in 2005 with removal actions; he applied for withholding of removal under INA § 241(b)(3) and CAT protection.
- He fears Hezbollah-perpetrated persecution in Lebanon and Liberia due to alleged sympathy for Israel, based on business ties with an Israeli company (Yona International).
- He asserts a dormant but acknowledged relationship with Yona (1988–1991) and that threats followed, though no in-person threats occurred; his corroboration evidence is limited to testimony.
- The IJ denied relief on credibility, corroboration, and probability grounds; the BIA affirmed on corroboration grounds, without addressing credibility explicitly.
- On appeal, the court denies relief, sustaining the BIA’s corroboration findings and CAT denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to provide corroboration defeats withholding | Kassem argues he lacked reasonably obtainable corroboration | BIA found corroboration was reasonably obtainable but not provided | No; corroboration failure supports denial under substantial evidence |
| Whether Kassem qualifies for CAT protection | Kassem seeks CAT protection based on future torture risk | No substantial evidence of future torture by government or agents | Not eligible; substantial evidence supports denial |
| Whether credibility findings were necessary to review | Kassem contends adverse credibility should be reviewed | Reviewed for corroboration; credibility not remanded once corroboration lacking | Unnecessary to remand; substantial evidence basis suffices to deny relief |
Key Cases Cited
- Koulibaly v. Mukasey, 541 F.3d 613 (6th Cir. 2008) (standard of review for BIA decision; de novo review on BIA opinion)
- Yinggui Lin v. Holder, 565 F.3d 971 (6th Cir. 2009) (standard for corroboration in withholding cases)
- Shkabari v. Gonzales, 427 F.3d 324 (6th Cir. 2005) (reasonableness of corroboration requirements under Real ID Act)
- Dorosh v. Ashcroft, 398 F.3d 379 (6th Cir. 2004) (corroboration must be reasonably obtainable)
- Urbina-Mejia v. Holder, 597 F.3d 360 (6th Cir. 2010) (IJ’s request for corroboration is appropriate when probative)
- Al-Ghorbani v. Holder, 585 F.3d 980 (6th Cir. 2009) (clear probability standard for persecution under INA)
- INS v. Stevic, 467 U.S. 407 (1984) (more likely than not standard for persecution)
- Zhao v. Holder, 569 F.3d 238 (6th Cir. 2009) (substantial evidence review standard for factual findings)