Yonis Ali v. Eric H. Holder, Jr.
686 F.3d 534
| 8th Cir. | 2012Background
- Ali, a Somali citizen, applied for asylum, withholding of removal, and CAT protection; IJ denied relief and BIA dismissed on review; Ali petitions for review.
- Ali entered U.S. in 1995 under the name Hussain Isse Mohamud as Shali’s refugee spouse and became a lawful permanent resident in 1996.
- DHS alleged removability for lack of a valid entry document and for fraud/willful misrepresentation; Ali conceded removability on the first charge but denied the fraud charge.
- Ali testified to his birth in Galkayo, clan membership, flight from Mogadishu, time in refugee camps in Kenya, and later marriage to Shali; he obtained a name change but divorce occurred in 2002.
- Ali’s statements across years (2001 naturalization interview, 2005 affidavit, 2010 affidavits) contained inconsistencies about his name, marriage to Shali, and clan; passport showed Mohamud name with a different birth date; credibility issues were central to relief denial.
- IJ made adverse credibility findings and denied asylum, withholding, and CAT; BIA affirmed; petition for review argues mischaracterization of credibility and merits; court reviews under substantial evidence standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the adverse credibility finding supports denial of all relief | Ali—Ali | BIA/ IJ—Ali | Yes; credibility ruling upheld; fatal to asylum, withholding, and CAT claims. |
| Whether Ali could establish asylum or withholding if credible | Ali could meet standards if credible | Conditions in Somalia generic; no well-founded fear or likelihood of persecution | Even if credible, no eligibility for asylum or withholding shown. |
| Whether Ali is removable based on lack of valid entry document and misrepresentation | Ali denies fraudulent entry | Evidence supports fraud/false identity | Adverse credibility leads to upheld removability findings. |
| Whether CAT claim was properly preserved and considered | CAT relief sought | CAT claim waived on opening brief | CAT claim waived; not decided on the merits. |
Key Cases Cited
- Fofanah v. Gonzales, 447 F.3d 1037 (8th Cir. 2006) (adverse credibility supports denial of asylum and related relief)
- Quomsieh v. Gonzales, 479 F.3d 602 (8th Cir. 2007) (general instability not enough for well-founded fear)
- Turay v. Ashcroft, 405 F.3d 663 (8th Cir. 2005) (failure to prove asylum precludes withholding)
- Krasnopivtsev v. Ashcroft, 382 F.3d 832 (8th Cir. 2004) (standard for reviewing credibility determinations)
- Tinajero-Ortiz v. United States, 635 F.3d 1100 (9th Cir. 2011) (CAT/appeal related waiver context)