Traore v. Sessions
16-3316
| 2d Cir. | Dec 18, 2017Background
- Traore, a native and citizen of Senegal, seeks asylum, withholding of removal, and CAT relief.
- BIA affirmed an IJ decision denying relief on August 31, 2016; the IJ denied asylum, withholding, and CAT on May 6, 2015.
- The asylum timeliness issue arose under 8 U.S.C. § 1158(a)(2)(B) with potential changed or extraordinary circumstances.
- The IJ found Traore’s 10-year delay not excused by changed or extraordinary circumstances; found no jurisdiction to review asylum timeliness on petition.
- Traore’s claimed danger stemmed from MDFC threats to him for acting as an informant; he argued future harm was likely if returned.
- The court dismissed the asylum claim for lack of jurisdiction and denied withholding and CAT relief on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of asylum application | Traore argues changed/extraordinary circumstances excuse delay | IJ/BIA held delay unexcused; untimeliness upheld | Asylum petition dismissed for lack of jurisdiction; untimeliness sustained |
| Withholding of removal based on MDFC threat | Threats show potential future persecution | Threats insufficient to establish past persecution or well-founded fear | Denied; no past persecution established; withholding denied |
| CAT relief based on future fear | Fear of torture if returned is well-founded | No objectively reasonable fear; threats insufficient | Denied; CAT relief denied |
Key Cases Cited
- Gui Ci Pan v. U.S. Att’y General, 449 F.3d 408 (2d Cir. 2006) (unfulfilled threats alone do not constitute persecution)
- Edimo-Doualla v. Gonzales, 464 F.3d 276 (2d Cir. 2006) (harassment not enough for persecution finding)
- Guan Shan Liao v. U.S. Dep’t of Justice, 293 F.3d 61 (2d Cir. 2002) (threat of detention not persecution)