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Cisse v. Holder
Citation: 353 F. App'x 495Docket: No. 08-5276-ag
Court: Court of Appeals for the Second Circuit; November 12, 2009; Federal Appellate Court
Mamadou Cisse, a citizen of Cote d’Ivoire, sought review of a BIA order affirming an IJ's decision that denied his asylum application, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA reversed the IJ's pretermission of his asylum application and the IJ's adverse credibility finding, leading to a review of the BIA's analysis while assuming Cisse's credibility. The agency's findings were assessed under the substantial evidence standard. Cisse claimed past persecution due to an attack by members of the Akan ethnic group after he and other shop owners refused to give away their merchandise. The agency concluded he did not demonstrate past persecution based on a protected ground or that the Ivorian government was unwilling to protect him. Additionally, Cisse failed to establish a well-founded fear of future persecution, as evidence did not show that ethnic Akans specifically targeted ethnic Dioulas, and he admitted that security forces arrested the Akans involved in the fight. Regarding CAT relief, the definition of torture requires evidence that authorities intended to inflict severe pain or suffering. Cisse’s claims of inadequate food and clothing in prison did not meet this standard, especially since he was released after other prisoners died, indicating a lack of intent to inflict harm. Generalized evidence of torture in Cote d’Ivoire was insufficient to demonstrate that Cisse faced a likelihood of torture in his specific circumstances. Thus, the agency's denial of Cisse’s applications for asylum, withholding of removal, and CAT relief was supported by substantial evidence. Consequently, the petition for review was denied, and Cisse's motion for a stay of removal was dismissed as moot.