Liban Ali v. Eric H. Holder, Jr.
776 F.3d 522
| 8th Cir. | 2015Background
- Ali, a Somali national of the Tumal (minority) clan, applied for asylum, withholding of removal, and CAT protection after arriving at the U.S.–Mexico border in 2009; IJ denied relief and BIA affirmed; Ali petitioned for review.
- Ali alleged clan-based attacks in 2003 (father shot, Ali injured; taken for treatment) and 2009 (kidnapped, beaten, brother killed, ransom demanded and paid), attributing attacks to Hawiye clan members.
- Ali’s testimony contained multiple inconsistencies about key facts: details of the 2003 and 2009 incidents, whether attackers demanded money, how he reached hospitals, amounts and source of travel funds, flight routes, and possession/loss of his Somali birth certificate.
- Government introduced documentary evidence (including an apparent birth certificate and flight-availability evidence) that contradicted some of Ali’s statements; Ali offered no corroborating records (medical, travel, affidavits, receipts).
- IJ found Ali not credible based on inconsistencies and lack of corroboration; BIA affirmed that finding as not clearly erroneous. The court reviews for substantial evidence and denies Ali’s petition.
Issues
| Issue | Ali's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether IJ’s adverse credibility finding was supported by substantial evidence | Ali: inconsistencies are minor and do not undermine core claim; IJ erred | Govt: inconsistencies, contradictions with introduced evidence, and lack of corroboration support adverse credibility | Court: Affirmed — substantial evidence supports adverse credibility finding |
| Whether asylum was warranted given record | Ali: showed past persecution and fear of future harm on account of clan membership | Govt: Ali’s discredited testimony and no corroboration defeat asylum burden | Court: Denied asylum — adverse credibility + no corroboration fatal |
| Whether withholding of removal is available | Ali: same facts support withholding if asylum denied | Govt: higher standard applies and adverse credibility fails both | Court: Denied — adverse credibility fatal and higher standard unmet |
| Whether CAT relief is available | Ali: challenged IJ’s handling or asserted entitlement under same facts | Govt: CAT requires even stricter proof; discredited testimony fails | Court: Denied — CAT claim fails for same reasons |
Key Cases Cited
- Averianova v. Mukasey, 509 F.3d 890 (8th Cir. 2007) (adverse credibility plus lack of corroboration defeats claim)
- Turay v. Ashcroft, 405 F.3d 663 (8th Cir. 2005) (standard for reversing factual findings)
- Onsongo v. Gonzales, 457 F.3d 849 (8th Cir. 2006) (definition and discretionary nature of asylum)
- Fesehaye v. Holder, 607 F.3d 523 (8th Cir. 2010) (deference to IJ credibility findings)
- Gemechu v. Ashcroft, 387 F.3d 944 (8th Cir. 2004) (IJ is best positioned to assess witness credibility)
- Sivakaran v. Ashcroft, 368 F.3d 1028 (8th Cir. 2004) (adverse credibility plus lack of corroboration is fatal)
- Khrystotodorov v. Mukasey, 551 F.3d 775 (8th Cir. 2008) (corroboration requirement supports denial when credibility questioned)
- Zine v. Mukasey, 517 F.3d 535 (8th Cir. 2008) (adverse credibility dooms related asylum, withholding, and CAT claims)
- Fofanah v. Gonzales, 447 F.3d 1037 (8th Cir. 2006) (same principle for related claims)
- Cooke v. Mukasey, 538 F.3d 899 (8th Cir. 2008) (withholding and CAT have higher proof standards)