Kingsley Dayo v. Eric Holder, Jr.
2012 U.S. App. LEXIS 14302
| 5th Cir. | 2012Background
- Dayo, a Nigerian national, sought review of a BIA denial of asylum, withholding of removal, and CAT relief.
- Dayo alleges DHS disclosed his asylum application to the Nigerian consulate in breach of confidentiality under 8 C.F.R. § 208.6.
- IJ and BIA found Dayo not credible and denied relief on timeliness, past persecution, and fear of future persecution.
- BIA reopened proceedings to consider the confidentiality breach as a separate asylum ground after prior denials.
- Dayo submitted questionable evidence (letters from supposed relatives) and inconsistent statements supporting asylum claims.
- Court concludes breach relief is available as a separate asylum/withholding/CAT claim, but upholds denial based on lack of credible evidence and absence of well-founded fear.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether breach of confidentiality under § 208.6 supports new asylum relief | Dayo contends breach permits a new asylum claim. | Dayo relies on Lin and Anim; government maintains no automatic vacatur, but separate relief may be allowed. | Yes; breach permits a separate asylum/withholding/CAT claim. |
| Standard of review and credibility in supporting asylum | Dayo's credibility should be viewed in light of confidentiality breach. | BIA's credibility determinations stand if supported by substantial evidence. | BIA's adverse credibility finding sustained; no past persecution shown. |
| Sufficiency of evidence for past persecution and future fear | Dayo faced persecution due to MOSOP membership and fear of return. | Record lacks credible evidence of past persecution or well-founded future fear; Nigeria not shown to persecute asylum seekers. | Substantial evidence supports denial of asylum and withholding; no well-founded fear. |
Key Cases Cited
- Lin v. United States Department of Justice, 459 F.3d 255 (2d Cir. 2006) (confidentiality breach can create independent asylum claim)
- Anim v. Mukasey, 535 F.3d 243 (4th Cir. 2008) (breach of confidentiality inquiry may yield independent relief)
- Lopez-Gomez v. Ashcroft, 263 F.3d 422 (5th Cir. 2001) (well-founded fear standard requires subjective fear and objective reasonableness)
- Amin v. Ashcroft, 535 F.3d 253 (5th Cir. 2008) (burden to prove well-founded fear and credibility limits relief)
- Bou-Chikhi v. Holder, 676 F.3d 173 (5th Cir. 2012) (review framework for asylum and withholding of removal)
- Wang v. Holder, 569 F.3d 531 (5th Cir. 2009) (adverse credibility may be based on totality of circumstances)
- INS v. Eliaz-Zacarias, 502 U.S. 478 (1992) (burden on asylum applicant to prove persecution)