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Ali v. Holder

United States Court of Appeals, Eighth Circuit

January 8, 2015

Liban N. Ali, Petitioner
v.
Eric H. Holder, Jr., Attorney General of the United States, Respondent

Submitted October 8, 2014

Page 523

Petition for Review of an Order of the Board of Immigration Appeals.

Liban N. Ali, Petitioner, Pro se, Minneapolis, MN.

For Liban N. Ali, Petitioner: Richard Lee Breitman, Attorney, Bloomington, MN; Graham Ojala-Barbour, OJALA-BARBOUR LAW FIRM, Saint Paul, MN.

For Eric H. Holder, Jr., Attorney General of the United States, Respondent: Scott Baniecke, U.S. IMMIGRATION & NATURALIZATION SERVICE, Bloomington, MN; David V. Bernal, Assistant Director, Karen Yolanda Drummond, Brooke Maurer, Carl H. McIntyre, U.S. DEPARTMENT OF JUSTICE, Civil Division, Office of Immigration Litigation, Washington, DC; Lance Lomond Jolley, Trial Attorney, U.S. DEPARTMENT OF JUSTICE, Office of Immigration Litigation, Washington, DC.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

OPINION

Page 524

SMITH, Circuit Judge.

Petitioner Liban Nor Ali applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) denied Ali's applications. Ali appealed to the Board of Immigration Appeals (BIA), which affirmed the IJ's decision. Ali now petitions for review, arguing that substantial evidence does not support the denial of his applications. We deny the petition.

I. Background

Ali is a native of Somalia and member of the Tumal clan, a clan Ali describes as a " minority clan" that is " small and weak" compared to other Somali clans. On September 21, 2009, Ali arrived at the United States-Mexico border and applied for admission to the United States. Ali provided a sworn statement to an officer of the Department of Homeland Security (DHS). In the statement, Ali identified himself and testified that members of the Hawiye clan persecuted him in 2003 and 2009. He also described his subsequent travels from Somalia to the United States. On November 4, 2009, a DHS asylum officer further questioned Ali during what DHS terms a " credible fear interview" about the clan-based persecution Ali claimed he suffered in Somalia. The DHS commenced removal proceedings two days later by serving Ali with a Notice to Appear. The Notice to Appear alleged that Ali had willfully misrepresented material facts to procure entry into the United States and was removable under § 212(a)(6)(C)(i) and § 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (" Act" ).

On April 27, 2010, however, Ali filed applications for asylum, withholding of removal, and protection under the CAT. Ali testified before the IJ on February 8, 2011, and ...


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