Record contained sufficient evidence to support I.J.’s denial of petitioner’s request for deferral of removal, where petitioner alleged that he feared that he would be tortured if he were deported to Democratic Republic of the Congo (DRC) based on his membership in Tutsi ethnic group, and fact that he would be viewed as traitor for previously seeking asylum in U.S. I.J. could properly find that petitioner failed to show that he would be tortured because of his status as recent deportee who sought asylum abroad, where: (1) petitioner only established that he might be detained upon arrival to DRC; (2) petitioner’s evidence said nothing about whether deportees would be tortured once in custody; (3) petitioner could only speculate that he would be subject to torture where current country conditions did not involve ethnic tension or violence against Tutsis. Also, Board did not abuse its discretion in denying petitioner’s motion to reconsider, where petitioner merely rehashed his prior arguments that I.J. had mischaracterized his evidence.
Federal 7th Circuit Court
Civil Court
Immigration