Elhadji Seye v. William P. Barr


NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0169n.06 Case No. 18-3651 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Apr 02, 2019 DEBORAH S. HUNT, Clerk ELHADI MANASSIR SEYE, ) ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION WILLIAM P. BARR, Attorney General, ) APPEALS ) Respondent. ) ) BEFORE: BATCHELDER, McKEAGUE, and NALBANDIAN, Circuit Judges. NALBANDIAN, Circuit Judge. After the Department of Homeland Security began removal proceedings against Elhadji Manassir Seye, he sought asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge denied him relief and the Board of Immigration Appeals affirmed. For the following reasons, we DENY his petition for review. I. Seye is a native and citizen of Senegal. For most of his life he was a member of an Islamic sect called the Morite Brotherhood, like the rest of his family. At some point, he began to support a competing Islamic sect called the Tijane Brotherhood. His family tried to convince him to return to the Morite Brotherhood but failed. What his family could not accomplish with words they later tried to accomplish with sticks and fists: Seven members of Seye’s family beat him at his uncle’s home and demanded that he Elhadi M. Seye v. William P. Barr, No. 18-3651 return to the Morite Brotherhood. The beating lasted about an hour and only stopped when he agreed to return. As a result, Seye was left bruised and cut. But before leaving the house, Seye recanted his support for the Morite Brotherhood. He then ran from the home and took a taxi to Dakar. In Dakar, Seye lived with a friend for one month until his friend told him that he could not stay with him forever. Around this time, he encountered a man from Mbour who told him that his family was still looking for him and would try to kill him if they found him. He never reported this or his beating to the Senegalese police. Instead, he decided to leave Senegal and eventually found his way to the United States. The Department of Homeland Security (“DHS”) detained Seye when he arrived. Seye later expressed a fear of retuning to Senegal and an asylum officer determined he had a credible fear of persecution. DHS then placed Seye in removal proceedings and, proceeding pro se, he sought asylum, statutory withholding of removal, and protection under the Convention Against Torture. An immigration judge (“IJ”) denied Seye’s application for relief and the Board of Immigration Appeals (“BIA”) affirmed. Seye now challenges the denial of his asylum and withholding of removal claims. II. To be eligible for asylum, Seye must show that he is “unable or unwilling to return” to Senegal “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. §§ 1101(a)(42)(A), 1158(b)(1)(A). If Seye cannot establish his eligibility for asylum, he necessarily fails ...

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