Nadmid v. Holder, No. 14-1477 (7th Cir. 2015)
Annotate this CaseNadmid, a 57-year-old citizen of Mongolia, came to the U.S. in 2003 on a visitor’s visa. After being arrested for DUI, he voluntarily departed in 2006 and returned to Mongolia, where he started a business. Nadmid returned to the U.S. in 2009. He stated that he was visiting his daughter (who holds a green card), and answered ”no” when asked if he feared returning to Mongolia. In a second interview, after speaking with his daughter, Nadmid stated that, if returned to Mongolia, he feared being killed for rebuffing extortion demands. He described confrontations and threats. An asylum officer, speaking through a translator, determined that Nadmid had a credible fear of persecution. In his asylum application and testimony, Nadmid claimed to have been abducted and beaten. The IJ concluded that Nadmid was not credible, finding inconsistencies in the airport interviews “significant problems.” The IJ gave little weight to newspapers or to a medical certificate. Nadmid’s proposed social group, “Mongolian business owners who seek to expose and end political corruption,” was premised on a profession rather than any immutable, fundamental characteristic. The IJ found that Nadmid did not qualify for withholding of removal or for protection under the Convention Against Torture. The Seventh Circuit remanded, finding the credibility determination flawed.
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