Ba v. Mukasey (No. 07-4099, August 20, 2008)

Siler, Batchelder, Rogers (Per Curiam)

     The 6th Cir. denied Ba's PFR of the denial of his claims for asylum, withholding and CAT.  The 6th Cir. found that the murder of petitioner's father did not constitute past persecution of petitioner and that petitioner had no claim to a well-founded fear of future persecution because he failed to raise it before the BIA.  The 6th Cir. did not rule on two arguments - membership in a social group and the government's inability to control a non-governmental group, the Ninjas - because, respectively, he did not raise it below and did not raise it with the BIA. 

     Petitioner's family are members of the Lari tribe that lost a civil war to the current government.  The Lari tribe's militant group is known as the Ninjas.  In March 2004 petitioner claimed a group of Ninjas came into his father's store and bound both of them.  Government forces appeared and petitioner escaped and fled the country.  Petitioner fled to Gabon and learned of the death of his father, apparently by the Ninjas.  Petitioner then entered the U.S. with fraudulent documents.

Read opinion here

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