Yousif v. Garland, No. 22-3178 (6th Cir. 2022)
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Yousif, a citizen of Iraq, came to the U.S. in 2000 as a refugee. He became a lawful permanent resident. In 2010, he was convicted of conspiracy to distribute 100 kilograms or more of marijuana. In removal proceedings, Yousif applied for withholding of removal under the Convention Against Torture and under the Immigration and Nationality Act, or deferral of removal. He argued that if he returned to Iraq, he would be persecuted because of his religion. Yousif did not appeal a 2011 removal order. In 2017, he moved to reopen his application based on changed conditions in Iraq, alleging he would face torture because of “his Christian religion, long residence in the U.S. [and] . . . his ethnicity.” At Yousif’s hearing, Yousif testified, stating that he feared “all Muslims.” The IJ found the government’s evidence “more persuasive,” and rejected Yousif’s claims.
The BIA affirmed, finding that the IJ correctly applied the aggregate approach in assessing the probability of torture and that the evidence did not establish that Yousif would “be singled out for torture.” The Sixth Circuit denied a petition for review. Substantial evidence supports the BIA’s denial of his application, and the BIA acted within its discretion in denying Yousif’s motion to remand.
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