Farah Mudathir Farah Taha v. John Ashcroft, Attorney General

Farah Mudathir Farah Taha (“Taha”) petitions for review of a Board of Immigration Appeals (“BIA” or “Board”) decision denying his applications for asylum, withholding of removal, and relief under Article 3 of the Convention Against Torture (“Convention”). 1 Taha argues that no substantial evidence supports the BIA’s denial of asylum and withholding of removal, that the BIA and immigration judge (“IJ”) violated his due process rights, and that the BIA erred by failing to independently evaluate his claim under the Convention. We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition for review.

FACTUAL AND PROCEDURAL HISTORY

Taha, a native and citizen of Sudan, applied for asylum and withholding of removal in December 1999. In support of his application, Taha submitted a seven-page, typewritten declaration describing himself as a member of the Umma Party and an active opponent of a series of military dictatorships in Sudan. Taha declared that government officials fired him from the Department of Transportation in November 1991 for opposing the regime, and unfairly arrested him in January 1994 for similar reasons. Taha did not aver that government agents ever physically…

362 F.3d 623 Farah Mudathir Farah TAHA, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-73499. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 5, 2003. Filed March 31, 2004. 1 COPYRIGHT MATERIAL OMITTED Land Wayland, City of Industry, CA; Sam H. Hasan, Hasan Law Group, Falls Church, VA, for the petitioner. 2 John D. Williams; Julia K. Doig, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, DC, for the respondent. 3 Petition for Review of an Order of the Board of Immigration Appeals. 4 Before: BEEZER and KOZINSKI, Circuit Judges, and SCHWARZER, * Senior District Judge. SCHWARZER, Senior District Judge: 5 Farah Mudathir Farah Taha ("Taha") petitions for review of a Board of Immigration Appeals ("BIA" or "Board") decision denying his applications for asylum, withholding of removal, and relief under Article 3 of the Convention Against Torture ("Convention"). 1 Taha argues that no substantial evidence supports the BIA's denial of asylum and withholding of removal, that the BIA and immigration judge ("IJ") violated his due process rights, and that the BIA erred by failing to independently evaluate…

dissenting:

We owe substantial deference to the BIA’s credibility determinations. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). But substantial deference is not code for rubber stamp. As we have said before: ‘We do not accept blindly ... [the BIA’s] conclusion that a petitioner is not credible. Rather, we examine the record to see whether substantial evidence supports that conclusion, and determine whether the reasoning employed ... is fatally flawed.” Aguilera-Cota v. INS, 914 F.2d 1375, 1381 (9th Cir.1990). The record in this case clearly supports a finding that Farah Taha is credible. Farah Taha’s testimony recounted horrific instances of torture in specific detail, which he then corroborated with medical evidence, including a letter from his physician. The IJ ignored the physician’s assessment that Farah Taha had been the victim of torture and laughed at his testimony. The BIA upheld the IJ’s decision, finding “no error.” A.R. at 2.

Rather than look closely at the whole record, as we are required to do, the majority simply signs off on the BIA’s superficial analysis. In so doing, my colleagues abdicate their responsibility and deprive Farah Taha of his fair chance to…