United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1135 ___________________________ Fallou N’Diaye lllllllllllllllllllllPetitioner v. William P. Barr, Attorney General of the United States1 lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: January 15, 2019 Filed: July 24, 2019 ____________ Before BENTON, MELLOY, and KELLY, Circuit Judges. ____________ MELLOY, Circuit Judge. In 2005, Petitioner Fallou N’Diaye was placed in removal proceedings for overstaying his visa. He applied for asylum, withholding of removal, and protection 1 William P. Barr has been appointed to serve as Attorney General of the United States, and is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). under the Convention Against Torture (“CAT”). An immigration judge denied his application, finding that he had not met his burden of proof on the merits and ordering him removed. The BIA affirmed. Thereafter, N’Diaye filed a motion to reopen with the BIA because he had married a United States citizen after the immigration judge issued the removal order. The BIA granted the motion, and N’Diaye was placed in another round of removal proceedings. In the second round of removal proceedings, a second immigration judge ordered N’Diaye removed. The second immigration judge concluded that N’Diaye was ineligible to adjust his status because he had previously provided material support to a terrorist organization. The BIA ultimately affirmed on the same grounds. N’Diaye filed a petition for review of the BIA’s decision with this Court. We deny the petition. I. Background A. The First Round of Proceedings N’Diaye is originally from Tindody, Senegal. He was legally admitted to the United States in September 2003 as a non-immigrant visitor with authorization to remain in the country for no more than six months. He overstayed his visa. In 2005, he was placed in removal proceedings. N’Diaye applied for asylum, withholding of removal, and CAT protection. In October 2008, the immigration judge held a hearing on his application. Relevant to this appeal, N’Diaye said that he had been raised in Senegal for most of his childhood years. His mother was dead, but his father was alive. They had both been members of the Movement of Democratic Forces of Casamance (“MFDC”), serving as “representatives of the MFDC in the town where they used to live.” N’Diaye explained that “[e]verything [a person] needed to know about the movement MFDC” -2- could be learned from his parents, and “if [the person] wanted to become a member of the MFDC, they were the contacts.” N’Diaye testified that he joined the MFDC around September 1998. He “belong[ed] to . . . a particular section of the MFDC,” the goal of which was “to recruit new members.” According to N’Diaye, the goal of the MFDC when he joined was to achieve “independence from Senegal” for the Casamance region. He explained how the MFDC had “started . . . in the political arena, trying to get independent.” However, because “the president didn’t keep up with his promise,” members of the ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals