Via Hand Delivery
Previously Determined a UAC
May 1, 2015
U.S. Citizenship and Immigration Services
Chicago Asylum Office
181 W. Madison, Suite 3000
Chicago, IL 60602
RE:
Redacted Redacted REDACTED, A# Redacted
Asylum Interview Scheduled for Redacted, 2015 at 8:15 a.m.
Dear Asylum Officer:
The National Immigrant Justice Center represents Redacted Redacted Redacted (“Redacted”) in
his application for asylum, withholding of removal, and relief under the Convention Against
Torture. Redacted is an 18-year-old citizen of Somalia who entered the United States on or about
October 1, 2014. Redacted was 17 years old when he presented himself to immigration officials
and was determined an unaccompanied alien child (“UAC”). Redacted was subsequently placed
in the custody of the Office of Refugee Resettlement. Because CBP and/or ICE previously
determined that Redacted is an unaccompanied alien child, and that status determination remains
in place, USCIS has initial jurisdiction over his asylum application.
In Somalia, Redacted suffered severe beatings, threats, and forced recruitment at the hands of AlShabaab. Al-Shabaab killed Redacted’s uncle in front of him, kidnapped and later killed his older
sister, shot at two of his sisters, and forced his family to flee. Redacted suffered past persecution
in Somalia and has a well-founded fear of future persecution on account of his: 1) religion; 2)
political opinion; and 3) membership in the particular social group of “the family of Redacted
Redacted Redacted.”
1. Background
a. Country Conditions in Somalia
Somalia is a clan-based society, with the majority of Somalis belonging to one of four “noble”
patrilineal clan families. See, e.g., Tab XX. Members of minority clans in Somalia have long
faced “socially-institutionalized discrimination and severe human rights abuses” which have only
been compounded over the course of the 20-year humanitarian crisis that is currently devastating
the country. Id. Inter-clan and inter-factional violence arises with little or no warning due to the
clan structure. See Tab V.
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Somalia has had no stable government since 1991 when the Somali civil war began. See Tab X.
Despite the creation of the new Federal Government of Somalia (FGS) in 2012, Somalia
continues to experience armed conflict and large humanitarian issues. See Tabs W, S, T, AA.
Even with the help of the African Union Mission for Somalia (AMISOM), a Chapter VII UN
Security Council mandate, Somalia still “had the highest level of conflict events in Africa” in
2013. See Tab Z; see also Tab T.
One of the many groups involved in the fighting in Somalia is Al-Shabaab, an Islamic
fundamentalist group that controls much of southern Somalia and is made up of thousands of
fighters waging an insurgency against the Somali government. See Tab Y. The United States
designated Al-Shabaab as a terrorist organization in 2008 and in February 2010, Al-Shabaab
officially confirmed its link to al Qaeda. See Tab R. Al-Shabaab aims to “unite all Islamist
forces to create a Muslim state under its hard-line interpretation of Sharia law.” See Tab CC.
Al-Shabaab is known to target civilians, those perceived as spies, minority clans, and individuals
opposed, or perceived to oppose Al-Shabaab. See Tabs T, U, Y, PP. Al-Shabaab dictates all
aspects of daily life in areas under its control, from cell phone usage to public gatherings. See
Tab T. Al-Shabaab is known to forcefully recruit children and young men into their ranks—
harming family members if there is opposition. See Tabs EE, HH, II.
b. Redacted’s Life
Redacted was born in Redacted, Somalia on Redacted, 1996 and he is now 18 years old. He is
the second-born child of his parents’ eleven children. Growing up, he lived with his parents,
siblings, and cousins in Kismayo. The family is part of the Tunni clan, a minority clan.
Redacted’s father, Redacted Redacted Redacted (“Mr. Redacted”), was a pharmacist, and he
worked extensively with Doctors without Borders. Mr. Redacted’s family was well known in the
area because Mr. Redacted was one of the only Somali employees of Doctors without Borders
working in their region. Neighbors would frequently appear at the family’s door in search of
medicine or medical attention.
Redacted’s family practiced Sufism, an Islamic sect. Redacted attended a Sufi madrassa, or
religious school, from a young age. After some time, Redacted’s father enrolled him in a
different madrassa, because he wanted him to focus on learning Arabic. This madrassa
eventually became more radical in its beliefs, as its teachers began aligning themselves with AlShabaab.
In around 2007, Redacted’s father began receiving threatening phone calls and messages from
Al-Shabaab, calling him an infidel and a spy due to his work with foreign nationals at Doctors
without Borders. On one occasion, armed members of Al-Shabaab waited outside the family’s
home for several hours. A neighbor warned Mr. Redacted and he did not go home that night for
fear that Al-Shabaab would kill him.
In 2008, Al-Shabaab arrived at the family’s home late at night, pretending to need medical care.
When Redacted’s mother refused to open the door, they shot the doorknob off and kicked down
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the door. Inside the house, they beat Redacted’s mother and uncle, and demanded they disclose
the location of Redacted’s father. Redacted’s father was able to flee the home, but Redacted and
his family have not heard from his father since the incident. Redacted fears that his father was
captured and killed by Al-Shabaab. After Redacted’s uncle refused to tell the men where Mr.
Redacted was, the men killed Redacted’s uncle in view of Redacted and his siblings. The men
grabbed Redacted’s oldest sister and took her with them, saying they would kill her if Mr.
Redacted did not present himself to them by morning. They then locked the family in the house.
The next afternoon, Redacted’s sister’s dead body was found on a nearby shore.
After this incident, teachers and students at Redacted’s madrassa began asking him where his
father was. Redacted’s madrassa had become increasingly radicalized. They forced Redacted to
watch violent videos of Al-Shabaab attacks and attempted to recruit him to fight with AlShabaab. When Redacted questioned Al-Shabaab’s hard-lined interpretation of Islam, his
teachers severely punished him. They beat him with sticks, leaving him bloody and in need of
medical attention. Redacted continues to experience pain in his hands from the constant beatings.
As the beatings became more severe, Redacted told his mother he wanted to leave the madrassa,
and she agreed that it was not safe for him to attend anymore. Soon after, Redacted’s teachers
went to his house to ask his mother why Redacted was no longer attending the madrassa. His
mother told them that the family was unable to continue sending Redacted to the madrassa
because his father was gone and they could not afford it. However, the teachers told Redacted’s
mother that he should still attend despite the cost, so Redacted was forced to return.
Redacted and his mother decided he had to leave Somalia, or he would face forced recruitment,
severe harm, or even death at the hands of Al-Shabaab. Upon hearing that a neighbor and her
family were fleeing to Kenya, Redacted’s mother decided he should travel with them. Redacted
was around twelve years old when he left his family in Somalia. Redacted lived in refugee camps
and in the city of Kitale for several years, but did not have any lawful status in Kenya. He
continued to experience violence, this time at the hands of the police in Kenya, who extorted
him, beat him, and discriminated against him due to his Somali heritage.
While in Kenya, Redacted’s mother told him that Al-Shabaab had returned to the house several
times, looking for him. Redacted also began receiving phone calls from his former best friend,
who had joined Al-Shabaab. His friend called him an infidel and implored him to join AlShabaab or face the consequences. Although Redacted dreamed of returning home to his family
in Somalia, Al-Shabaab continued to violently target his family. Redacted’s sisters were attacked
and shot at by Al-Shabaab on their way to nursing school. After that, Redacted’s mother was
forced to sell the family home in order for the family to go into hiding. She sent Redacted money
and begged him to go far away from Somalia, since he could not be safe there. Redacted used the
money to arrange his trip to the United States. He has unfortunately not heard from his mother or
siblings since they sold the house and went into hiding.
After a long and arduous trip from Kenya and throughout Latin America, Redacted entered the
United States on or around October 2014, when he was 17 years old. He presented himself to
immigration officials at the border, who found him to be an unaccompanied alien child. Redacted
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was placed in the care of the Office of Refugee Resettlement. Since turning eighteen, he has been
residing at a youth dormitory in Chicago.
2. Redacted Merits a Grant of Asylum
a. Redacted Suffered Past Persecution in Somalia on Account of his Religion,
Political Opinion, and Membership in a Particular Social Group
An applicant may qualify for asylum if he is a “person who is outside any country of such
person’s nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to
avail himself of the protection of that 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.” INA § 208(b)(1)(A). An applicant who has established such past persecution
is presumed to have a well-founded fear of future persecution on the basis of the original claim. 8
C.F.R. § 208.13(b)(1).
i. Redacted Suffered Past Persecution
The harm Redacted suffered rises to the level of persecution. Persecution involves the use of
significant physical force against a person’s body, or the infliction of comparable physical harm
without direct application of force, or nonphysical harm of equal gravity. Stanojkova v. Holder,
645 F.3d 943, 948 (7th Cir. 2011). This can include “a credible threat to inflict grave physical
harm.” Id. In determining whether harm constitutes persecution, the age of the victim at the
time the events took place is crucial. Kholyavskiy v. Mukasey, 540 F.3d 555 (7th Cir. 2008).
The “harm a child fears or has suffered . . . may be relatively less than that of an adult and still
qualify as persecution.” Id. (emphasis added.) In addition, when determining whether an
individual suffered past persecution, the adjudicator must consider the cumulative significance of
the record as a whole, rather than each event in isolation. Nzeve v. Holder, 582 F.3d 678 (7th
Cir. 2009).
At his madrassa, Redacted’s teachers regularly punished him for expressing anti-Al-Shabaab
views. When Redacted questioned Al-Shabaab’s violent philosophies, his teachers forcibly beat
him with sticks, sometimes requiring him to seek medical attention for his injuries. To this day,
Redacted still experiences pain in his hands from the beatings. Even after Redacted fled to
Kenya, Al-Shabaab obtained his phone number and began threatening him. Taking Redacted’s
young age into account, these multiple instances of physical harm and the imminent credible
threats of harm, rise to the level of persecution.
Al-Shabaab forced Redacted to watch his family be beaten, threatened, and kidnapped. AlShabaab broke into Redacted’s home in the night and attacked his uncle and pregnant mother.
They shot and killed Redacted’s uncle in front of him and kidnapped and later killed Redacted’s
older sister. As a small child dependent on his family, the beatings, kidnapping, and imminent
credible threats of harm towards his closest family members also constitute persecution of
Redacted. See Hernandez-Ortiz v. Gonzales, 496 F.3d 1042 (9th Cir. 2007) (noting that a child’s
reaction to persecution of her family members is different from that of an adult because “[t]he
child is part of the family, the wound to the family is personal, the trauma apt to be lasting”);
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Jorge-Tzoc v. Gonzales, 435 F.3d 146, 150 (2d Cir. 2006) (holding that the petitioner may have
suffered past persecution, even though he was not physically harmed, because as a young child,
he experienced the Guatemalan army’s campaign against his Mayan community.) This harm
constitutes the kind of “non-physical harm of equal gravity” that the Seventh Circuit found rises
to the level of persecution. See e.g. N.L.A., et al v. Holder, 744 F.3d 425 (7th Cir.
20014)(demonstrating how acts leveled against a family member of an individual may constitute
persecution.) Based on the foregoing, Redacted suffered past persecution in Somalia.
ii. Redacted was Persecuted on Account of his Religion, Political
Opinion, and Membership in a Particular Social Group
To obtain asylum, a protected ground must be at least one central reason for the persecution the
applicant suffered or fears. INA § 208(b)(1)(B)(i). A persecutor may still have mixed motives
for targeting the applicant; the protected ground must only have played a central role in
motivating the persecutor. Shaikh v. Holder, 702 F.3d 897, 902 (7th Cir. 2012). The applicant’s
credible testimony, without more, can be sufficient to sustain his burden of proof. INA §
208(b)(1)(B)(ii).
Al-Shabaab persecuted Redacted on account of his actual and imputed political opinion, as well
as his Sufi religion. Al-Shabaab labeled Redacted’s father a traitor and a spy for working with
Doctors without Borders, an international organization that they opposed. They imputed an antiAl-Shabaab political opinion on Mr. Redacted and later imputed the same political opinion on
Redacted’s family, including Redacted. Al-Shabaab kidnapped Redacted’s oldest sister and shot
at his younger sisters who were working with the Somali Red Crescent Society, part of the
International Red Cross, another organization Al-Shabaab opposed. Redacted himself was vocal
about his opposition to Al-Shabaab’s views, and he was routinely beaten at his school for
expressing these views. As noted in the country conditions evidence, Al-Shabaab is known to
target individuals opposed to, or perceived to oppose, Al-Shabaab’s ideologies. See Tabs T, U,
Y, PP.
As a Sufi, Redacted’s religious ideology was drastically different from the beliefs held by AlShabaab. Redacted describes in his affidavit how Sufism preaches peace and acceptance, while
Al-Shabaab advocated for violence. Even as a young child, Redacted was vocal in his opposition
to Al-Shabaab’s hard-line interpretations of Islamic law and religion. Redacted told his teachers
that their radical ideologies were against his interpretation of the Qur’an. His teachers, supporters
of Al-Shabaab, punished him for expressing his anti-Al-Shabaab opinions and labeled him an
infidel.
Redacted was also persecuted on account of his membership in the particular social group of “the
family of Redacted Redacted Redacted.” The Board has defined a “particular social group” as a
group whose members share characteristics that they “either cannot change, or should not be
required to change because it is fundamental to their individual identities or consciences.” Matter
of Acosta, 19 I&N Dec. 211, 233-34 (1985). It is well established that family can form the basis
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of a particular social group. See Ayele v. Holder, 564 F.3d 862 (7th Cir. 2009) (“Our circuit
recognizes family as a cognizable social group under the INA… as do our sister circuits.”)1
The fact that Al-Shabaab persecuted various members of Redacted’s family, including his uncle,
mother, and sisters, demonstrates that Redacted’s membership in the Redacted Redacted
Redacted family is at least one central reason for his persecution. Redacted’s father was well
known in his community, due to his high profile job with Doctors without Borders. Al-Shabaab
labeled Redacted’s father a spy and threatened to kill him. When Al-Shabaab was not able to
locate Redacted’s father, they began to persecute his family, including Redacted.
b. Somalia is unable and/or unwilling to protect Redacted
Persecution by private actors rises to a claim of asylum when the government is “unable or
unwilling to control” the private actor. Hor. v. Gonzalez, 421 F.3d 497, 501-02 (7th Cir. 2005).
Evidence of the government’s inability or unwillingness to control the non-state actor includes
“official action that is perfunctory; a pattern of government unresponsiveness; general country
conditions and the governments denial of services; the nature of the government’s policies with
respect to harm or suffering at issues; and any steps the government has taken to prevent
inflictions of such harm or suffering.” Proposed Rule, 65 Fed. Reg. at 76597.
The supporting evidence establishes that Somalia is unable or unwilling to protect its civilians
from the constant threat of violence at the hand of various parties. See Tabs R-CC. Civilians
face human rights abuses from all warring parties in the country, terrorists groups, extremist
elements, and traditional clan rivalries. As the U.S. Department of State notes, “[t]he police
were generally ineffective, underpaid, and corrupt,” and perpetrators of human rights abuses are
rarely punished due to the absence of functioning institutions. See Tabs R-CC. Somalia has
been mired in war and lawlessness for two decades. It is clear that no one will be able to protect
Redacted from Al-Shabaab should he be forced to return to Somalia.
3. Redacted has a Well-Founded Fear of Future Persecution
Redacted has established that he suffered past persecution on account of his religion, political
opinion, and membership in the particular social group of “the family of Redacted Redacted
Redacted.” He has also established that the Somali government is unwilling or unable to protect
him. As a result, a rebuttable presumption exists that he will be persecuted in the future. 8
C.F.R. § 208.13(b)(1)(i). The presumption can only be rebutted if: (1) there has been a
1
In February 2014, the BIA issued two precedential decisions regarding the particular social group definition which
reaffirmed the BIA’s addition of “social distinction/visibility” and “particularity” to the particular social group
definition. Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014); Matter of W-G-R-, 26 I&N Dec. 20 (BIA 2014).
However, the Seventh Circuit has rejected these additions to the particular social group definitions. See Gatimi v.
Holder, 578 F.3d 611 (7th Cir. 2009) (rejecting the BIA’s social visibility test); Cece, 733 F.3d at 674-75 (rejecting
breath (particularity) as a bar to a particular social group). Since the BIA did not purport to overrule Seventh Circuit
precedent when it issued M-E-V-G- and W-G-R-, the Seventh Circuit’s rejection of social distinction and
particularity remains binding here. The fact that the Seventh Circuit did not even reference M-E-V-G- or W-G-R- in
two decisions regarding the social group definition published after M-E-V-G- and W-G-R- (R.R.D. v. Holder, 746
F.3d 807 (7th Cir. 2014) and N.L.A. v. Holder, 744 F.3d 425 (7th Cir. 2014)) makes clear that the BIA decisions are
not binding in the Seventh Circuit.
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fundamental change of circumstances, or (2) relocation in Somalia would be reasonable. 8 C.F.R.
§ 208.13(b)(1)(i)(A)(B).
The supporting documents make it abundantly clear that conditions in Somalia have not only
remained dangerous and volatile, but have actually deteriorated in recent years. See Tabs S,
T. The United Nations High Commissioner for Refugees has indicated that “it is not safe to send
Somali asylum seekers home,” and advises governments “not to return Somali civilians to southcentral Somalia because of the ‘risk of serious harm’ that civilians may face there due to
widespread violations of the laws of war and large-scale human rights violations.” See Tabs V,
W, Y.
Regulations require relocation be reasonable in all circumstances. See 8 C.F.R. §1208.13(b)(2).
When determining whether relocation is reasonable, the adjudicator must consider whether the
applicant would face other serious harm in the place suggested; any ongoing civil strife within
the country; administrative, economic, or judicial infrastructure; and geographical limitations.
See 8 C.F.R. § 208.13(b)(3); Bace v. Ashcroft, 352 F.3d 1133 (7th Cir. 2003).
The country conditions documents indicate that civilians seeking to escape the dangers of their
own neighborhoods and regions only find that more danger and less security await them
wherever they go, and in these conditions, internal relocation is simply not possible, much less
reasonable. See Tabs KK-NN. A young man such as Redacted would be in particular danger of
moving to a region where he has no family ties, as Somalia is a family and clan-based society,
and he would lack even the limited protection offered by family in the midst of the ongoing
conflict. Although Redacted’s family fled Kismayo, Redacted has not heard from them since
then and he has no knowledge of their whereabouts or safety. Redacted has no known family or
home to return to in Somalia. Therefore, it would not be reasonable for him to relocate within
Somalia.
Additionally, Redacted can establish an independent fear of future persecution in Somalia on
account of the protected grounds discussed supra. 8 C.F.R. § 208.13(b). Redacted’s affidavit
establishes that he has a subjective fear of persecution. The country conditions provide strong
evidence that a reasonable possibility, at least a 10% chance, exists that Redacted will be harmed
if returned to Somalia. INS v. Cardoza-Fonseca, 480 U.S. 421, 440 (1987).
Redacted fears that he will be killed or seriously harmed by Al-Shabaab if he is forced to return
to Somalia. Countless young men in Somalia have already been killed by Al-Shabaab for
refusing recruitment, for acting contrary to Al-Shabaab’s ideology, or for suspected ties to
opposing forces. See Tabs DD-JJ. Redacted has stated that his own religious beliefs as a
Muslim differ radically from those being imposed by Al-Shabaab, and that he does not wish to
join or fight for Al-Shabaab. See Tab A. Nevertheless, the supporting documents make it clear
that Al-Shabaab regularly recruits young men such as Redacted to fight with them, and if they
refuse to join, they kill them. See, e.g, Tabs EE, GG, HH, II. Furthermore, they kill or harm
anyone who expresses or acts in opposition to their interpretation of Islamic law, as well as
anyone they suspect of being a spy for opposing forces. Id. Somalis who have spent time in the
United States are at particular risk of being suspected as spies for the opposition. See Tab
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PP. As such, Redacted’s subjective fear that he will be harmed on account of the protected
grounds discussed supra is well-founded and objectively reasonable.
4. Conclusion
Based on his affidavit, credible testimony, and other evidence, Redacted has established he
suffered persecution in Somalia on account of his religion, political opinion, and membership in
the particular social group of “the family of Redacted Redacted Redacted.” The Somali
government is unable and unwilling to control Al-Shabaab or to protect Redacted from harm.
Redacted cannot relocate to avoid persecution. Finally, Redacted has established an independent,
well-founded fear of future persecution on account of aforementioned protected grounds.
Redacted has therefore established his eligibility for asylum and respectfully requests that his
application be granted.
Respectfully,
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