Mudher Jassim Mohamed Al-Saher v. Immigration and Naturalization Service

Mudher Jassim Mohamed Al-Saher, a native and citizen of Iraq, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal and for protection under the Convention against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b).

Facts and Procedure

Al-Saher arrived at Los Angeles International Airport seeking admission to the United States as a non-immigrant visitor. He presented no valid entry document and the INS issued a Notice to Appear (NTA) charging him with removability as an immigrant not in possession of a valid travel or entry document.

At his hearing he presented the following testimony. He was in the Iraqi military from 1984 until 1992 and thereafter until he left Iraq he was a civilian government worker assigned to work with the military. When he initially applied for military service in 1984 he claimed to be a Sunni Muslim from Baghdad even though he was a Shiite Muslim from Al-Bashra. He stated he misrepresented his religion and place of birth because there was dis crimination against Shiite Muslims. In 1997, the truth was revealed…