Hamdan v. Mukasey (7th Cir. 6/16/08)

KANNE Flaum Evans

The 7th Cir rejected the Govt's argument that he didn't administratively exhaust, finding that his claims, while not detailed, were sufficient to put the BIA on notice as to his claims. IJ and BIA failed to consider arguments that he would face future persecution (a) from the Israelis, in the form of economic persecution, and (b) from Palestinians on account of his alleged spying for Israel. Re imputed political opinion the CtApp said: "it makes little difference that Hamdan, as the IJ put it, 'never affirmatively expressed his neutrality'; what does matter is how militant groups perceived Hamdan’s political affiliation—regardless of what he 'affirmatively expressed'—and whether it was likely that they would harm him because of that perception." CtApp found that IJ misperceived the argument, and thus failed to address it.

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Zeqiri v. Mukasey, 7th Cir. 06/03/08

CUDAHY, Posner, Evans

The 7th Circuit dismissed much of Zeqiri's petition for review - finding that it lacked jurisdiction to consider her arguments regarding the timeliness of her asylum application - and denied the rest of the petition, finding that the BIA's decision denying withholding was supported by substantial evidence. On the second point, the court found that Zeqiri - an ethnic Albanian from Macedonia - had not demonstrated personal or particularized persecution, and a "fear of ethnic persecution 'common to all members of an ethnic minority' is generally insufficient." (quoting Petrovic v. INS, 198 F.3d 1034, 1037 (7th Cir. 2000). Zeqiri's testimony regarding her arrest was not credible and thus there was no evidence of personal persecution. 

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LaGuerre v. Mukasey (7th Cir. 5/22/08)

PER CURIAM Bauer, Kanne, Rovner

The 7th Cir rejected Govt's attempts to apply "modified" categorical approach to CoV under 16(a) - however, on the merits, it found that "knowingly... caus[ing] bodily harm" involves the use of physical force.  Re the CAT claim, the CtApp found that its jurisdiction was limited to questions of law and constitutional questions, and the argument that the BIA applied the wrong standard of proof was basically a factual claim.

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Soumare v. Mukasey (7th Cir. 5/8/08)

KANNE Sykes Tinder

In an unremarkable opinion, the 7th Cir upheld the IJ's adverse credibility determination and found no corroboration of the testimony.

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