Mina Khalil v. Dana Boente
674 F. App'x 326
| 4th Cir. | 2017Background
- Petitioner Mina Khalil, an Egyptian national, appealed the Board of Immigration Appeals’ dismissal of his asylum, withholding of removal, and CAT claims after the IJ denied relief.
- Khalil alleged persecution (including as a Coptic Christian) in Egypt and sought asylum and withholding of removal.
- The Board issued its own opinion dismissing Khalil’s appeal and found him not credible.
- The Board also found Khalil failed to prove a pattern-or-practice of persecuting Coptic Christians.
- Khalil did not challenge the Board’s waiver finding as to the CAT claim before this court.
- The Fourth Circuit reviewed the Board’s decision for substantial-evidence and denied the petition for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility of applicant’s testimony | Khalil argued his testimony and evidence supported past or well‑founded fear of persecution | Government argued testimony contained omissions/inconsistencies and corroboration was insufficient | Court upheld adverse credibility finding as supported by specific, cogent reasons and substantial evidence |
| Burden to show asylum eligibility | Khalil contended he qualified as a refugee due to past persecution or well‑founded fear on protected grounds | Government maintained Khalil failed both past‑persecution and objective fear requirements | Court held Khalil failed to meet asylum standard; thus asylum denied |
| Standard for withholding of removal | Khalil argued same facts supported withholding | Government argued heightened clear‑probability standard not met and asylum failure foreclosed withholding | Court held withholding denied because asylum eligibility was not established |
| CAT claim reviewability | Khalil implicitly sought CAT protection | Government noted waiver before this court | Court treated CAT claim as waived because Khalil failed to challenge the Board’s waiver finding |
Key Cases Cited
- Djadjou v. Holder, 662 F.3d 265 (4th Cir. 2011) (standards for asylum, past persecution, and withholding of removal)
- Marynenka v. Holder, 592 F.3d 594 (4th Cir. 2010) (subjective and objective components of well‑founded fear)
- Martinez v. Holder, 740 F.3d 902 (4th Cir. 2014) (review of Board opinion when not adopting IJ opinion)
- Tiscareno‑Garcia v. Holder, 780 F.3d 205 (4th Cir. 2015) (issues forfeited by failure to challenge before the court)
- Edwards v. City of Goldsboro, 178 F.3d 231 (4th Cir. 1999) (waiver and preservation principles)