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willasylum

tortwillasylumrespondent

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Bertrand v. Garland

Facts

Lamy Bertrand applied for admission to the United States in 2016 after experiencing multiple violent attacks in Haiti, which he attributed to his status as a voodoo priest. He reported these incidents to the police, who responded to some of the attacks but were unable to identify the attackers. Bertrand's claims included threats, physical assaults, and the murder of family members, leading him to seek asylum in the U.S. The Immigration Judge denied his requests, and the BIA affirmed this decision, concluding that Bertrand did not demonstrate that the Haitian government was unable or unwilling to protect him.

Lamy Bertrand applied for admission to the United States at a California point of entry in 2016. Upon being detained and transferred to a detention center in Texas, Bertrand filed applications for asylum, withholding of removal, and for protection under the Convention Against Torture (CAT). Before the Immigration Judge, Bertrand recounted several violent attacks allegedly committed against him and his family members in Haiti.

Issue

Did the BIA err in concluding that the Haitian government was not unable or unwilling to protect Bertrand from violence, thereby denying his requests for asylum and withholding of removal?

Rule

To qualify for asylum, an applicant must show that they have suffered past persecution or have a well-founded fear of future persecution, which includes demonstrating that the government is unable or unwilling to control private violence.

Analysis

The court applied the substantial evidence standard to review the BIA's factual conclusions. It noted that the police had responded to Bertrand's attacks, took reports, and attempted to investigate the incidents. The court found that the evidence did not compel a conclusion contrary to the BIA's determination, as Bertrand and witnesses could not identify the attackers, and the attacks occurred in different locations over time.

The BIA correctly applied this legal standard, and substantial evidence supports its conclusion. The police responded to Bertrand's September 2009 attack, took Bertrand to the hospital, and took a report about the incident. The police, along with a judge, responded to the October 2009 attack on Bertrand's home, took a report, and said that they would investigate. And the police similarly responded to the December 2009 attack on his mother's housein an entirely different cityand took her report. In the BIA's words, the government 'interviewed witnesses, came to the scene of a crime multiple times, and took the respondent to the hospital when he was attacked.'

Conclusion

The court denied the petition for review, affirming the BIA's decision that Bertrand did not qualify for asylum and, consequently, could not meet the requirements for withholding of removal.

For these reasons, the petition for review is DENIED.

Who won?

The government prevailed in the case because the court upheld the BIA's findings that the Haitian government was not unable or unwilling to protect Bertrand.

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