Gaye v. Lynch, No. 14-3652 (6th Cir. 2015)
Annotate this CaseGaye is an ethnic Wolof, born in Mauritania. He and his parents were members of the UFD political party, which advocated for the rights of blacks and participated in anti-government demonstrations. Gaye claims that in 1993, white Moor soldiers arrested the family; that they were taken to a camp, where soldiers severely beat Gaye and forced him into hard labor; and that, weeks later, the family was forced to cross into Senegal. The soldiers threatened to kill them if they returned. Gaye spent years in a Red Cross refugee camp, where he met Ba, who provided a plane ticket and a false Senegalese passport, showing Gaye’s picture but the name of another. Gaye claims to have arrived in the U.S. in October 2000. Gaye applied for asylum in February, 2001. Gaye was charged as removable under 8 U.S.C. 237(a)(1)(A). Gaye appeared with counsel and sought asylum, withholding of removal, and protection under the Convention Against Torture. An IJ denied relief, finding that Gaye did not establish that he filed his application within one year of arriving; that there is no record of an alien arriving as he described, and that Gaye’s witness was not credible. The Sixth Circuit dismissed clams that he was entitled to notice regarding the sort of evidence he needed, that his counsel was ineffective, and that his due-process rights were violated.
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