Mohamed Abdallahi v. Eric Holder, Jr.
690 F.3d 467
| 6th Cir. | 2012Background
- Abdallahi, Mauritanian citizen, entered the U.S. in 2000 as a non-immigrant; asylum and related claims were withdrawn in favor of adjustment of status.
- In 2005 he received a Notice to Appear and his US citizen spouse filed an I-130; after approval Abdallahi filed for adjustment.
- At a 2007 hearing, Abdallahi testified about his Mauritanian military service as a gendarme (1989–1998) and witnessed tortures; he described participating in or facilitating mistreatment.
- IJ Grant dismissed his asylum/withholding/CAT applications and later left; IJ O’Leary took over and issued a decision denying admissibility under 8 U.S.C. § 1182(a)(3)(E)(iii) for torture involvement, precluding adjustment.
- The BIA affirmed, concluding Abdallahi participated in torture and there was no prejudice requiring an additional hearing.
- Petition for review was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process was violated by IJ substitution | Abdallahi contends replacement denied a full hearing. | Regulations allowed substitution with record familiarity; no prejudice. | No due process violation; 1240.1(b) satisfied; no prejudice shown. |
| Whether 1240.1(b) compliance justified IJ O’Leary’s decision | Dispute over in-person testimony not considered by O’Leary. | O’Leary reviewed the record and familiarized himself with it as required. | Section 1240.1(b) satisfied; itinerary of proceedings proper. |
| Whether Abdallahi’s actions constituted assisting in torture under 8 U.S.C. § 1182(a)(3)(E)(iii) | Abdallahi’s role was not enough to constitute assistance in torture. | Record shows nexus and knowledge; acts amount to assisting in torture. | Abdallahi assisted in torture; inadmissible and ineligible to adjust. |
| Whether the BIA/V. IJ factual determinations are supported by substantial evidence | Disputes alleged errors in factual findings and interpretations. | Record supports the findings; errors cited are immaterial or harmless. | Findings supported by substantial evidence; affirmance proper. |
Key Cases Cited
- Diaz-Zanatta v. Holder, 558 F.3d 450 (6th Cir. 2009) (requires nexus and contemporaneous knowledge for assisting in persecution/torture)
- Negusie v. Holder, 129 S. Ct. 1159 (U.S. 2009) (voluntariness not controlling for persecution; structure differs from Fedorenko)
- Fedorenko v. United States, 449 U.S. 491 (U.S. 1981) (assisting in persecution framework; line-drawing over acts vs. mere association)
- INS v. Elias-Zacarias, 502 U.S. 478 (U.S. 1992) (standard for review of factual findings; substantial evidence)
- Parlak v. Holder, 578 F.3d 457 (6th Cir. 2009) (upholds BIA when record supports judge’s findings despite some problematic documents)