Jabateh v. Lynch

Liberia’s civil war, 1989-1997, claimed the lives of 200,000 people and displaced a million others. Petitioner was exiled to Guinea, where he became close with Conneh, the head of LURD, an organization devoted to the overthrow of the government installed after the war. After returning to Liberia in 2003, Petitioner had no further contact with Conneh. In 2003, the government, LURD, and another insurgent group negotiated a peace treaty that gave LURD control over several governmental departments. In September 2003, Petitioner was appointed as Liberia’s Director of the Bureau of National Procurement; several subordinates resigned because they did not wish to work for a Mandingo Muslim. He received anonymous threatening phone calls. Petitioner’s home, among others, was burned down by a mob. Petitioner entered the U.S. in 2005, on a nonimmigrant visa for foreign officials engaged in official duties. A month later, he sought asylum, alleging that he suffered persecution and fears future persecution based on his status as a Mandingo Muslim, his political opinion, and membership in a particular social group, Mandingo Muslim governmental officials. He also sought Convention Against Torture protection and applied for an adjustment of his immigration status, 8 U.S.C. 1255b, available if an alien who has performed diplomatic duties can establish compelling reasons why he is unable to return to the country that accredited him, and adjustment of status is in the national interest. His applications were denied on the basis that he had provided material support to the Tier III terrorist organization, LURD. The BIA also found that Petitioner failed to show that it was more likely than not he would be tortured if returned to Liberia. The Seventh Circuit affirmed, noting that the Supreme Court has held that “seemingly benign support” can constitute unlawful material support and improved conditions in Liberia. View "Jabateh v. Lynch" on Justia Law