Shire v. Barr, No. 19-1714 (8th Cir. 2020)
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In 2001, Shire, a citizen of Somalia, was lawfully admitted to the U.S. as a refugee; in 2004, he obtained lawful permanent resident status. In 2006, Shire pled guilty to two drug offenses and was sentenced to 170 days' imprisonment. In 2008, an IJ ordered him removed under 8 U.S.C. 1227(a)(2)(B)(i). In 2018, Shire, still in the U.S., moved to reopen his removal proceedings to apply for asylum, citing changed country conditions.
The IJ denied relief, noting that al-Shabaab came into prominence in 2006 and was using the same tactics in 2018 that it had been using in 2008. The IJ also determined that Shire failed to demonstrate a substantial likelihood of a different outcome, noting that Shire’s conviction for an aggravated felony rendered him ineligible for asylum and withholding of removal. Shire did not establish entitlement to relief from removal under the Convention Against Torture; the Somali government, while weak, was resisting al-Shabaab and would not acquiesce to the torture of its citizens; the number of deaths from al-Shabaab was low compared to the total population of Somalia; and Shire’s personal circumstances did not subject him to particular notoriety in Somalia. The BIA affirmed. In 2019, Shire was removed to Somalia. The Eighth Circuit denied a petition for review, finding those conclusions supported by substantial evidence.
Court Description: [Shepherd, Author, with Smith, Chief Judge, and Melloy, Circuit Judge] Petition for Review - Immigration. The agency did not err in denying petitioner's motion to reopen his removal proceedings based on changed conditions in Somalia, his country of origin; the court has jurisdiction to consider factual arguments concerning the denial of relief under the Convention Against Torture; substantial evidence supports the agency's conclusion that al-Shabaab's activities between 2008 and 2018 did not support a material increase in violence in Somalia.
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