OSUJI v. Holder
657 F.3d 719
| 8th Cir. | 2011Background
- Osuji, a Nigerian Christian, entered the U.S. in Aug 2004 and overstayed his visa while seeking asylum, withholding of removal, and CAT relief.
- IJ denied relief after finding Osuji credible but the events fell short of past persecution; BIA affirmed on merits, denying nexus and likelihood findings.
- Osuji testified to two 2000 incidents: Muslim gang harassment during a Christian youth group event and later beating during a rally/roadblock, plus harassment by Muslim teammates; he reported to police, which allegedly investigated.
- His family relocated to the Nigerian Embassy in Belgium due to harassment, and his Christian parents reportedly remain in Abuja without incident.
- Osuji’s asylum application was untimely, but the timeliness issue was not before the court; the BIA’s adverse finding rested on absence of past persecution and lack of well-founded fear.
- The court held substantial evidence supported denial of asylum and relief, noting government condonation or inability to control private actors was not shown and no pattern or practice established by the government.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past persecution established? | Osuji claims past persecution based on religion. | Harassment without physical harm or government condonation/unability to control does not equal persecution. | No past persecution established. |
| Well-founded fear of future persecution? | Private harassment could translate to future fear. | No pattern or nexus; family remains unharmed; no systemic threat. | No well-founded fear found. |
| Government condonation or inability to control private actors? | Harassment by private actors may be government-condoned. | Record shows government did not condone; authorities not unable/unwilling to control; evidence insufficient. | Not shown; no government condonation or inability to control. |
Key Cases Cited
- Woldemichael v. Ashcroft, 448 F.3d 1000 (8th Cir. 2006) (persecution requires more than harassment absent freedom-preventing action)
- Quomsieh v. Gonzales, 479 F.3d 602 (8th Cir. 2007) (harassment and unfulfilled threats of injury are not persecution)
- Beck v. Mukasey, 527 F.3d 737 (8th Cir. 2008) (private attacks require government condonation or inability to control)