Gumaneh v. Attorney General of the United States
Opinion of the Court
OPINION OF THE COURT
Mahamadu Gumaneh, a native and citizen of Sierra Leone, arrived in the United States without inspection. In 2000, Guma-neh filed an affirmative application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). He claimed that he was persecuted on account of imputed ethnicity; Gumaneh belongs to the Son-inke ethnic group but lived in an area that was inhabited primarily by Mandingo.
The Immigration Judge (“IJ”) concluded that Gumaneh was credible but denied his applications on the basis that he failed to demonstrate that he was persecuted on account of his imputed ethnicity. The IJ viewed the June 15, 1999, “incident as being exactly what the respondent repeatedly described it to be, an effort to get more people to join the rebel group, coupled with a certain amount of wanton, senseless, crazy violence directed at civilians for no particular reason at all except perhaps that the people who were doing these things were drunk.” The IJ also concluded that Gumaneh did not have a well-founded fear of future persecution because the State Department County Report in the record indicated that the civil conflict in Sierra Leone ended in 2002. Finally, the IJ found that Gumaneh had not established that he was likely to be tortured.
The Board of Immigration Appeals (“BIA”) dismissed Gumaneh’s appeal. It agreed that:
*777 [w]hile the rebels may have been influenced to a small degree by ethnicity, it appears that their major motivation was to recruit new members. In other words, youth such as [Gumaneh] were targeted regardless of their ethnicity. The fact that the respondent happened to live in a town where an ethnic group of interest to the rebels resided does not automatically render him a refugee as defined by the Act.... Moreover, the respondent’s mere inclination that the rebels were motivated by ethnicity is insufficient to support a mixed motive finding.
[t]he area that we was living, so the head of the government of Sierra Leone, his ethnic is Mandingo, ... so when they attack our village, in their minds, since we are living with the Mandingo in Peyama, so they thought we are Mandingo ethnics too and particularly they go really after Mandingos....
Id. at 88.
Gumaneh’s experiences certainly rise to the level of persecution. See Camara v. Att’y Gen., 580 F.3d 196, 205 (3d Cir. 2009) (noting “the near obviousness of the proposition that a person who has directly witnessed a brutal assault on a family member has experienced so devastating a blow as to rise to the level of persecution”). Nevertheless, we are convinced that the
Because Gumaneh cannot satisfy the asylum standard, he cannot satisfy the more difficult withholding of removal standard. See Zubeda v. Ashcroft, 333 F.3d 463, 469-70 (3d Cir. 2003). Additionally, while a person seeking protection under the CAT need not prove that he was persecuted due to any protected status, any possibility of torture in this case appears to be negated by the improved country conditions in Sierra Leone. See Kaita, 522 F.3d at 300-01.
For the foregoing reasons, we will deny the petition for review.
. In his asylum application, Gumaneh stated that he was persecuted on account of his political opinion, see Administrative Record ("A.R.") 185, but later clarified that his applications for relief were based on imputed ethnicity. See A.R. 10.
. Because Gumaneh applied for asylum before May 11, 2005, he is not subject to a provision in the REAL ID Act of 2005 that requires an alien applying for asylum in a mixed motive case, to show “that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason” for the alleged persecution. See INA § 208(b)(l)(B)(i) [8 U.S.C. § 1158(b)(l)(B)(i) ].
. In addition, the BIA properly affirmed the IJ’s conclusion that Gumaneh did not have a well-founded fear of future persecution because of changes in Sierra Leone. According to the State Department Country Report for 2005, the civil war ended in 2002, the government asserted control over the entire country, and RUF members were indicted by a war crimes tribunal. See Kaita v. Att’y Gen., 522 F.3d 288, 301 (3d Cir. 2008) (noting, in the context of a CAT claim, that the 2006 Country Report "suggests that, although there are still some serious problems in many areas of Sierra Leone, the country conditions have greatly improved.”).
Reference
- Full Case Name
- Mahamadu GUMANEH v. ATTORNEY GENERAL OF the UNITED STATES
- Status
- Published