Nene Wane v. Jefferson Sessions, III

NOT RECOMMENDED FOR PUBLICATION File Name: 18a0111n.06 No. 17-3774 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT Mar 02, 2018 DEBORAH S. HUNT, Clerk NENE WANE; AMADOU LY, ) ) Petitioners, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION JEFFERSON B. SESSIONS, III, Attorney General, ) APPEALS ) Respondent. ) OPINION ) ) BEFORE: COOK, McKEAGUE, and STRANCH, Circuit Judges. JANE B. STRANCH, Circuit Judge. Nene Wane and Amadou Ly petition for review of a decision of the Board of Immigration Appeals (BIA) denying their applications for asylum, withholding of removal under the Immigration and Nationality Act (INA), and withholding pursuant to the Convention Against Torture (CAT). Because the decision is supported by substantial evidence, we DENY the petition. I. BACKGROUND Petitioners Nene Wane and Amadou Ly are a married couple from Mauritania. Ly was admitted to the United States in August 2001; he applied for asylum in April 2002. Wane was admitted to the United States in September 2003. She attempted to apply for asylum in July No. 17-3774 Wane v. Sessions 2004, but her application was twice rejected before she successfully filed in September 2004.1 Wane listed Ly as a derivative beneficiary in her asylum application. Wane and Ly were served with Notices to Appear (NTAs) in immigration court in November 2004. The Government charged that Wane and Ly were removable because they lacked valid entry documents when they were admitted to the United States. The Petitioners, through counsel, admitted the allegations in the NTAs and conceded the charges against them. The immigration judge (IJ) designated Mauritania as the country of removal for both Wane and Ly. The Petitioners sought three forms of relief: asylum, withholding of removal under the INA, and withholding of removal pursuant to CAT. Wane and Ly’s cases were consolidated, and Ly was treated primarily as a family derivative to Wane’s application. The IJ heard testimony from the Petitioners over the course of three hearing dates. They testified that Ly had been arrested, detained, and subjected to physical and sexual abuse because of his political involvement. They also testified that after Ly left Mauritania for the United States, Wane became politically involved herself and was arrested, detained, and physically and sexually assaulted as a result. Wane further testified that she had been subjected to female genital mutilation (FGM) when she was a child and that she feared her children would be forced to undergo FGM if Wane and Ly were deported.2 The Petitioners submitted documentary evidence in support of their claims. These documents included materials relevant to the Petitioners’ specific allegations, such as reports supposedly issued when they were arrested and 1 Though Wane’s date of successful filing was just over the one-year deadline to apply for asylum, her initial attempts were within the year, and the immigration judge (IJ) treated her application as timely filed. 2 Before the IJ, the Petitioners advanced a theory of relief based upon the fear that their daughters ...

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