Abdoulaye v. Holder, No. 12-3023 (7th Cir. 2013)
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Abdoulaye, a citizen of Niger, entered the U.S. on a nonimmigrant visa in 2002 and, several months later, sought asylum, withholding of removal, 8 U.S.C. 1231 and protection under the Convention Against Torture, claiming that he feared being sentenced to death or killed due to his planning of a military mutiny that was executed in 2002. Abdoulaye had been a corporal in the Nigerien military and a supporter of a left-wing political party loyal to the former president. . The Board of Immigration Appeals rejected the application, based on a finding that Abdoulaye’s participation in the mutiny amounted to “terrorist activity” within the meaning of the Immigration and Nationality Act, rendering him ineligible for any form of relief. The Board also found that Abdoulaye failed to show that it was more likely than not he would be tortured if returned to Niger. The Seventh Circuit denied relief, finding that the Board’s decisions were supported by substantial evidence.
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