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Keywords

torthearingtestimonyburden of proofwillasylumvisalienscredibility
torthearingtestimonyburden of proofwillasylumvisalienscredibility

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Settenda v. Ashcroft

Facts

Settenda and Nabawanga traveled separately from Uganda to the United States on business visas in 1999. The following year, the INS charged them both as being removable from the United States under INA 237(a)(1)(B), 8 U.S.C. 1227(a)(1)(B), as aliens who remained beyond the time authorized. Petitioners conceded that they were removable as charged and applied for asylum, withholding of removal, and protection under CAT. During several merits hearings before the Immigration Judge (IJ), Settenda claimed that he was a member of the Ugandan Internal Security Organization (ISO), and, in that capacity, had been assigned to investigate the death of Ugandan Prince Charles Happy Kiganangoma. Settenda testified that his investigation implicated certain high-level government officials in the Prince's death, including his immediate superior at ISO. Settenda claimed that he was threatened and that two attempts were made on his life as a result of his investigation. Further, Settenda attested that because of the information he possessed about governmental involvement in Prince Kiganangoma's death, he feared persecution and torture by government officials should he return to Uganda.

Settenda and Nabawanga traveled separately from Uganda to the United States on business visas in 1999. The following year, the INS charged them both as being removable from the United States under INA 237(a)(1)(B), 8 U.S.C. 1227(a)(1)(B), as aliens who remained beyond the time authorized. Petitioners conceded that they were removable as charged and applied for asylum, withholding of removal, and protection under CAT. During several merits hearings before the Immigration Judge (IJ), Settenda claimed that he was a member of the Ugandan Internal Security Organization (ISO), and, in that capacity, had been assigned to investigate the death of Ugandan Prince Charles Happy Kiganangoma. Settenda testified that his investigation implicated certain high-level government officials in the Prince's death, including his immediate superior at ISO. Settenda claimed that he was threatened and that two attempts were made on his life as a result of his investigation. Further, Settenda attested that because of the information he possessed about governmental involvement in Prince Kiganangoma's death, he feared persecution and torture by government officials should he return to Uganda.

Issue

Whether the BIA erred in denying the petitioners' applications for asylum, withholding of removal, and relief under CAT based on the credibility of their testimony and the sufficiency of the evidence presented.

Whether the BIA erred in denying the petitioners' applications for asylum, withholding of removal, and relief under CAT based on the credibility of their testimony and the sufficiency of the evidence presented.

Rule

To be eligible for asylum, a petitioner must prove that he is a refugee under 8 U.S.C. 1158(b)(1), meaning that he is 'unable or unwilling to return to . . . [his country] because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.' An applicant seeking protection under CAT must establish 'that he or she is more likely than not to be tortured if removed' to the proposed country of removal.

To be eligible for asylum, a petitioner must prove that he is a refugee under 8 U.S.C. 1158(b)(1), meaning that he is 'unable or unwilling to return to . . . [his country] because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.' An applicant seeking protection under CAT must establish 'that he or she is more likely than not to be tortured if removed' to the proposed country of removal.

Analysis

The court upheld the IJ's findings that Settenda's testimony lacked credibility, was inconsistent and implausible on key points, and was not supported by the submitted documentary evidence. The IJ detailed the reasons for her conclusions, drawing on her observations of Settenda while testifying as well as analyzing the inconsistencies in and improbability of portions of the testimony. The BIA affirmed the IJ's findings, agreeing that the testimony was not sufficiently credible and the evidence presented was inadequate to support the petitioners' burden of proof.

The court upheld the IJ's findings that Settenda's testimony lacked credibility, was inconsistent and implausible on key points, and was not supported by the submitted documentary evidence. The IJ detailed the reasons for her conclusions, drawing on her observations of Settenda while testifying as well as analyzing the inconsistencies in and improbability of portions of the testimony. The BIA affirmed the IJ's findings, agreeing that the testimony was not sufficiently credible and the evidence presented was inadequate to support the petitioners' burden of proof.

Conclusion

The court denied the petition for review and affirmed the BIA's decision, concluding that the petitioners did not meet the burden of proof required for asylum, withholding of removal, or relief under CAT.

The court denied the petition for review and affirmed the BIA's decision, concluding that the petitioners did not meet the burden of proof required for asylum, withholding of removal, or relief under CAT.

Who won?

The government prevailed in the case because the court found that the petitioners failed to provide credible evidence to support their claims for asylum and withholding of removal.

The government prevailed in the case because the court found that the petitioners failed to provide credible evidence to support their claims for asylum and withholding of removal.

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