Thierno Diallo v. U.S. Attorney General


Case: 18-10596 Date Filed: 11/27/2018 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-10596 Non-Argument Calendar ________________________ Agency No. A098-854-993 THIERNO DIALLO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. __________________________ Petition for Review of a Decision of the Board of Immigration Appeals _________________________ (November 27, 2018) Before NEWSOM, BRANCH, and HULL, Circuit Judges. PER CURIAM: Thierno Diallo, a native of Guinea, seeks review of the order of the Board of Immigration Appeals (“BIA”) that affirmed the denial of his application for asylum Case: 18-10596 Date Filed: 11/27/2018 Page: 2 of 8 and withholding of removal. Because substantial evidence supports the BIA’s finding that country conditions have changed such that Diallo no longer has a well- founded fear of future persecution, we deny his petition for review. I. BACKGROUND Diallo was born in Guinea and is a member of the Fula tribe, the largest ethnic group in Guinea. In 2001, Diallo was 16 years old when, along with his father and older brother, he attended a meeting of the RPG, a Guinean political party led by Alpha Condé that opposed the ruling dictator of Guinea, Lansana Conté. Armed soldiers arrived to arrest the attendees and a fight broke out. Diallo’s brother was killed; Diallo and his father were beaten, detained, and told they would be killed the following day. Diallo escaped before the soldiers could make good on their threat. He fled first to Sierra Leone, then to The Gambia, before making his way to the Netherlands. Diallo entered the United States in 2004, using a fraudulent Dutch passport under the Visa Waiver Program. After his authorization expired, he applied for asylum and withholding of removal, claiming persecution “by the regime of Lansana Conte . . . because we supported the opposition party that opposed Conte’s regime.” In 2007, following an evidentiary hearing, an immigration judge (“IJ”) denied relief. The BIA affirmed that decision in part in 2008. In 2010, our Court vacated the decision of the BIA, finding that Diallo had established past 2 Case: 18-10596 Date Filed: 11/27/2018 Page: 3 of 8 persecution on account of political opinion, and remanded with instructions “to consider whether the government can rebut the presumption of future persecution with evidence of changed country conditions or Diallo’s ability to relocate.” Diallo v. U.S. Att’y Gen., 596 F.3d 1329, 1334 (11th Cir. 2010). On remand, the BIA remanded to the IJ on the government’s motion. The IJ conducted a hearing in 2011, but several continuances delayed its resolution. In 2017, after another hearing to evaluate the government’s assertion of changed country conditions, the IJ denied relief. In 2018, the BIA affirmed. Diallo again petitions for review of the BIA’s decision. II. STANDARDS Our review is of the decision of the BIA, since it did not expressly adopt the IJ’s decision. Kazemzadeh v. U.S. Att’y Gen., 577 F.3d 1341, 1350 (11th Cir. 2009). We review the BIA’s conclusions of law de novo and its factual ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals