United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1585 ___________________________ Abdirisak Dahir Jama, lllllllllllllllllllllPetitioner, v. Merrick B. Garland, Attorney General of the United States, lllllllllllllllllllllRespondent. ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: October 20, 2021 Filed: March 30, 2022 ____________ Before COLLOTON, SHEPHERD, and KELLY, Circuit Judges. ____________ COLLOTON, Circuit Judge. Abdirisak Jama petitions for review of a decision of the Board of Immigration Appeals. The decision upheld the denial of his application for deferral of removal under the Convention Against Torture. Jama argues that the Board erred by declining to review an immigration judge’s adverse credibility determination, failing adequately to explain its reasons for denying relief, and failing adequately to consider arguments raised in his appeal. We deny the petition for review. I. Jama is a native and citizen of Somalia who was admitted to the United States as a refugee in 1996. In April 2019, the Department of Homeland Security charged that Jama was subject to removal from the United States under 8 U.S.C. §§ 1227(a)(2)(A)(ii) and (iii) and 1227(a)(2)(B)(i), based on convictions for three aggravated felonies, a violation of a law relating to a controlled substance, and two crimes involving moral turpitude. Jama conceded that he was removable, but sought relief from removal on several grounds, including under the Convention Against Torture. He claimed that he feared torture by the Somali government or by non-governmental groups acting with the acquiescence of the Somali government. He asserted that these groups would torture him for several reasons: he is a convert to Christianity, he bears visible tattoos on his skin, he speaks limited Somali, he has a criminal record, and he suffers from mental illnesses. He expressed fear that members of his own clan, the Awrtable, would torture him because of his Christian beliefs. He also claimed that the Somali government would torture him because his brother joined the Islamic State of Iraq and Syria (ISIS) and his step-brother joined a Somali-based terrorist group known as al- Shabaab. Jama further alleged that because he is a member of the Awrtable clan, members of other clans in Somalia would torture him. After a hearing, the immigration judge (IJ) denied Jama’s application for deferral of removal under the Convention Against Torture. The IJ found that Jama’s testimony was not credible, and determined “furthermore” that his claim of likely torture was based on “speculation.” The IJ also concluded that there was insufficient evidence to conclude that Jama would be tortured based on his membership in the -2- Awrtable clan, and insufficient evidence that the Somali government would acquiesce in torture at the hands of al-Shabaab. Finally, the IJ found that it was not likely that Jama would be harassed or tortured due to his minor diagnoses of depression, anxiety, and post-traumatic stress disorder, because he could function in society with no outward signs of a mental illness or condition. The IJ ultimately concluded that Jama had not met his burden of …
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