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Sara Kassa Kebede Michael Tesfaye Yigezu v. Alberto Gonzales, Attorney General of the United States of America
Citations: 481 F.3d 562; 2007 U.S. App. LEXIS 7551; 2007 WL 957543Docket: 06-2172
Court: Court of Appeals for the Eighth Circuit; April 2, 2007; Federal Appellate Court
Sara Kassa Kebede and her son, Michael Tesfaye Yigezu, petitioned for asylum, withholding of removal, and relief under the Convention Against Torture after entering the U.S. on an Ethiopian passport in July 2001. An Immigration Judge (IJ) denied their applications, deeming Kebede's testimony regarding past persecution by the Ethiopian government not credible, and concluded that even if credible, it did not establish past persecution or a well-founded fear of future persecution upon return to Ethiopia. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision, assuming Kebede's credibility but finding insufficient evidence for persecution claims. The petitioners challenged the BIA's failure to address the IJ's credibility determination. However, the court noted that since the BIA assumed credibility, it focused only on the BIA's analysis of persecution. The petitioners contended that Kebede provided credible and corroborated evidence of past persecution and a well-founded fear of future persecution. The court reviewed the BIA's findings under the substantial evidence standard, which requires that the evidence must be compelling enough to compel a reasonable factfinder to find in favor of the petitioners. Kebede’s testimony included her support for the opposition party AAPO (now AEUP) and an arrest during a peaceful rally in 1999, where she was detained for three days without food or proper conditions and subsequently faced harassment at work and police questioning. Despite these claims, the court ultimately denied the petition for review. In January 2001, Kebede obtained an Ethiopian diplomatic passport to visit her husband, a First Secretary at the Ethiopian embassy in Sudan, returning to Ethiopia in March. In June, she received a visa to visit her mother in the U.S. In September, her husband informed her of his recall to Ethiopia due to his support for an opposition group, and Kebede believes he is now hiding. Her two brothers remain in Ethiopia, with one reporting police inquiries about Kebede and her husband. Kebede's mother visited Ethiopia in 2003 without incident. The BIA found that Kebede's testimony, corroborated by family members and AEUP officers, did not establish past persecution or a well-founded fear of future persecution. The decision was supported by substantial evidence, noting that minor beatings and short detentions do not constitute political persecution. Kebede's situation, including her two-year residence in Ethiopia post-arrest, her diplomatic travel, and her mother's recent visit, did not indicate a credible fear of future harm. The petitioners contended the BIA erred in not analyzing their claims for withholding of removal and relief under the CAT separately. However, the BIA's decision was upheld, as failing to prove eligibility for asylum also disqualifies a petitioner from withholding of removal. Although CAT relief concerns future torture likelihood, separate analysis is only necessary with evidence of potential torture unrelated to asylum claims, which was not present in this case. Consequently, the petition for review was denied.