Wednesday, February 21, 2007

Kibinda: Being Hit By Object Not Necessarily Persecution

Kibinda v. Gonzales
Filed 02/20/07, No. 05-4237
Being held for five days and being hit by an unidentified heavy object requiring seven stitches does not necessarily constitute extreme abuse that rises to the level of persecution, especially where there is no proof of the attackers’ motive. As far as future persecution, lack of punishment after discovering his possible loyalties suggests no real fear of future persecution. Although disproportionate punishment for desertion can qualify, he did not have enough proof of that in his case. Keep in mind the Third Circuit applied a standard of whether there was substantial evidence to support the BIA and IJ's decision.


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