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Dembele v. Ashcroft

Citation: 61 F. App'x 773Docket: Docket No. 02-4234

Court: Court of Appeals for the Second Circuit; April 25, 2003; Federal Appellate Court

Narrative Opinion Summary

The order affirms the decision of the Board of Immigration Appeals regarding petitioner Bélé Dembélé, who sought asylum and withholding of deportation. The Board's affirmation follows an immigration judge's detailed ruling denying Dembélé's applications. The reviewing body supports the immigration judge's sound reasoning and decisions found within the record. Although there is a noted dispute regarding the immigration judge's assessment of Dembélé's role as an assistant manager and its relevance to potential arrest risks following Mali's 1991 regime change, this concern does not affect the overall outcome. The immigration judge concluded that any current interest in Dembélé by the government would be limited to questioning related to past illegal transactions, not to a direct threat of arrest. Ultimately, the Board's order is upheld.

Legal Issues Addressed

Assessment of Role in Political Context

Application: The immigration judge evaluated the petitioner's role as an assistant manager in the context of potential arrest risks following a regime change, determining it did not warrant asylum.

Reasoning: Although there is a noted dispute regarding the immigration judge's assessment of Dembélé's role as an assistant manager and its relevance to potential arrest risks following Mali's 1991 regime change, this concern does not affect the overall outcome.

Asylum Application Review

Application: The Board of Immigration Appeals affirmed the immigration judge's decision to deny asylum to the petitioner based on the reasoning provided in the record.

Reasoning: The order affirms the decision of the Board of Immigration Appeals regarding petitioner Bélé Dembélé, who sought asylum and withholding of deportation.

Withholding of Deportation

Application: The petitioner's application for withholding of deportation was denied based on the conclusion that any government interest was for questioning, not arrest.

Reasoning: The immigration judge concluded that any current interest in Dembélé by the government would be limited to questioning related to past illegal transactions, not to a direct threat of arrest.