Record contained sufficient evidence to support IJ’s denial of alien’s application for deferral of removal under CAT, even though alien claimed that there was likelihood that he would be tortured on account of his political and familial associations, as well as his bisexual sexual orientation if forced to return to Guinea. While alien asserted that he was assaulted over 20 years ago by members of ruling political party that was in opposition to his father’s political party, plaintiff failed to establish how he would be targeted for future persecution due to number of years following said assault, as well as lack of evidence that Guinean officials are still looking for alien’s father or for alien, and fact that different political party is now in power in Guinea. Also, plaintiff’s evidence regarding violence towards same-sex sexual conduct allegedly occurred over 20 years ago, and plaintiff failed to show that Guinea actually prosecutes homosexual acts under its laws prohibiting homosexual conduct.
Federal 7th Circuit Court
Civil Court
Immigration