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Via Hand Delivery 3632200159385Previously Determined a UAC400000Previously Determined a UACMay 1, 2015U.S. Citizenship and Immigration ServicesChicago Asylum Office181 W. Madison, Suite 3000Chicago, IL 60602RE: Redacted Redacted REDACTED, A# RedactedAsylum Interview Scheduled for Redacted, 2015 at 8:15 a.m.Dear Asylum Officer:The National Immigrant Justice Center represents Redacted Redacted Redacted (“Redacted”) in his application for asylum, withholding of removal, and relief under the Convention Against Torture. Redacted is an 18-year-old citizen of Somalia who entered the United States on or about October 1, 2014. Redacted was 17 years old when he presented himself to immigration officials and was determined an unaccompanied alien child (“UAC”). Redacted was subsequently placed in the custody of the Office of Refugee Resettlement. Because CBP and/or ICE previously determined that Redacted is an unaccompanied alien child, and that status determination remains in place, USCIS has initial jurisdiction over his asylum application. In Somalia, Redacted suffered severe beatings, threats, and forced recruitment at the hands of Al-Shabaab. Al-Shabaab killed Redacted’s uncle in front of him, kidnapped and later killed his older sister, shot at two of his sisters, and forced his family to flee. Redacted suffered past persecution in Somalia and has a well-founded fear of future persecution on account of his: 1) religion; 2) political opinion; and 3) membership in the particular social group of “the family of Redacted Redacted Redacted.”BackgroundCountry Conditions in SomaliaSomalia is a clan-based society, with the majority of Somalis belonging to one of four “noble” patrilineal clan families. See, e.g., Tab XX. Members of minority clans in Somalia have long faced “socially-institutionalized discrimination and severe human rights abuses” which have only been compounded over the course of the 20-year humanitarian crisis that is currently devastating the country. Id. Inter-clan and inter-factional violence arises with little or no warning due to the clan structure. See Tab V.Somalia has had no stable government since 1991 when the Somali civil war began. See Tab X. Despite the creation of the new Federal Government of Somalia (FGS) in 2012, Somalia continues to experience armed conflict and large humanitarian issues. See Tabs W, S, T, AA. Even with the help of the African Union Mission for Somalia (AMISOM), a Chapter VII UN Security Council mandate, Somalia still “had the highest level of conflict events in Africa” in 2013. See Tab Z; see also Tab T.One of the many groups involved in the fighting in Somalia is Al-Shabaab, an Islamic fundamentalist group that controls much of southern Somalia and is made up of thousands of fighters waging an insurgency against the Somali government. See Tab Y. The United States designated Al-Shabaab as a terrorist organization in 2008 and in February 2010, Al-Shabaab officially confirmed its link to al Qaeda. See Tab R. Al-Shabaab aims to “unite all Islamist forces to create a Muslim state under its hard-line interpretation of Sharia law.” See Tab CC.Al-Shabaab is known to target civilians, those perceived as spies, minority clans, and individuals opposed, or perceived to oppose Al-Shabaab. See Tabs T, U, Y, PP. Al-Shabaab dictates all aspects of daily life in areas under its control, from cell phone usage to public gatherings. See Tab T. Al-Shabaab is known to forcefully recruit children and young men into their ranks—harming family members if there is opposition. See Tabs EE, HH, II.Redacted’s Life Redacted was born in Redacted, Somalia on Redacted, 1996 and he is now 18 years old. He is the second-born child of his parents’ eleven children. Growing up, he lived with his parents, siblings, and cousins in Kismayo. The family is part of the Tunni clan, a minority clan. Redacted’s father, Redacted Redacted Redacted (“Mr. Redacted”), was a pharmacist, and he worked extensively with Doctors without Borders. Mr. Redacted’s family was well known in the area because Mr. Redacted was one of the only Somali employees of Doctors without Borders working in their region. Neighbors would frequently appear at the family’s door in search of medicine or medical attention. Redacted’s family practiced Sufism, an Islamic sect. Redacted attended a Sufi madrassa, or religious school, from a young age. After some time, Redacted’s father enrolled him in a different madrassa, because he wanted him to focus on learning Arabic. This madrassa eventually became more radical in its beliefs, as its teachers began aligning themselves with Al-Shabaab. In around 2007, Redacted’s father began receiving threatening phone calls and messages from Al-Shabaab, calling him an infidel and a spy due to his work with foreign nationals at Doctors without Borders. On one occasion, armed members of Al-Shabaab waited outside the family’s home for several hours. A neighbor warned Mr. Redacted and he did not go home that night for fear that Al-Shabaab would kill him. In 2008, Al-Shabaab arrived at the family’s home late at night, pretending to need medical care. When Redacted’s mother refused to open the door, they shot the doorknob off and kicked down the door. Inside the house, they beat Redacted’s mother and uncle, and demanded they disclose the location of Redacted’s father. Redacted’s father was able to flee the home, but Redacted and his family have not heard from his father since the incident. Redacted fears that his father was captured and killed by Al-Shabaab. After Redacted’s uncle refused to tell the men where Mr. Redacted was, the men killed Redacted’s uncle in view of Redacted and his siblings. The men grabbed Redacted’s oldest sister and took her with them, saying they would kill her if Mr. Redacted did not present himself to them by morning. They then locked the family in the house. The next afternoon, Redacted’s sister’s dead body was found on a nearby shore. After this incident, teachers and students at Redacted’s madrassa began asking him where his father was. Redacted’s madrassa had become increasingly radicalized. They forced Redacted to watch violent videos of Al-Shabaab attacks and attempted to recruit him to fight with Al-Shabaab. When Redacted questioned Al-Shabaab’s hard-lined interpretation of Islam, his teachers severely punished him. They beat him with sticks, leaving him bloody and in need of medical attention. Redacted continues to experience pain in his hands from the constant beatings.As the beatings became more severe, Redacted told his mother he wanted to leave the madrassa, and she agreed that it was not safe for him to attend anymore. Soon after, Redacted’s teachers went to his house to ask his mother why Redacted was no longer attending the madrassa. His mother told them that the family was unable to continue sending Redacted to the madrassa because his father was gone and they could not afford it. However, the teachers told Redacted’s mother that he should still attend despite the cost, so Redacted was forced to return. Redacted and his mother decided he had to leave Somalia, or he would face forced recruitment, severe harm, or even death at the hands of Al-Shabaab. Upon hearing that a neighbor and her family were fleeing to Kenya, Redacted’s mother decided he should travel with them. Redacted was around twelve years old when he left his family in Somalia. Redacted lived in refugee camps and in the city of Kitale for several years, but did not have any lawful status in Kenya. He continued to experience violence, this time at the hands of the police in Kenya, who extorted him, beat him, and discriminated against him due to his Somali heritage.While in Kenya, Redacted’s mother told him that Al-Shabaab had returned to the house several times, looking for him. Redacted also began receiving phone calls from his former best friend, who had joined Al-Shabaab. His friend called him an infidel and implored him to join Al-Shabaab or face the consequences. Although Redacted dreamed of returning home to his family in Somalia, Al-Shabaab continued to violently target his family. Redacted’s sisters were attacked and shot at by Al-Shabaab on their way to nursing school. After that, Redacted’s mother was forced to sell the family home in order for the family to go into hiding. She sent Redacted money and begged him to go far away from Somalia, since he could not be safe there. Redacted used the money to arrange his trip to the United States. He has unfortunately not heard from his mother or siblings since they sold the house and went into hiding. After a long and arduous trip from Kenya and throughout Latin America, Redacted entered the United States on or around October 2014, when he was 17 years old. He presented himself to immigration officials at the border, who found him to be an unaccompanied alien child. Redacted was placed in the care of the Office of Refugee Resettlement. Since turning eighteen, he has been residing at a youth dormitory in Chicago. Redacted Merits a Grant of AsylumRedacted Suffered Past Persecution in Somalia on Account of his Religion, Political Opinion, and Membership in a Particular Social Group An applicant may qualify for asylum if he is a “person who is outside any country of such person’s nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.” INA § 208(b)(1)(A). An applicant who has established such past persecution is presumed to have a well-founded fear of future persecution on the basis of the original claim. 8 C.F.R. § 208.13(b)(1). Redacted Suffered Past PersecutionThe harm Redacted suffered rises to the level of persecution. Persecution involves the use of significant physical force against a person’s body, or the infliction of comparable physical harm without direct application of force, or nonphysical harm of equal gravity. Stanojkova v. Holder, 645 F.3d 943, 948 (7th Cir. 2011). This can include “a credible threat to inflict grave physical harm.” Id. In determining whether harm constitutes persecution, the age of the victim at the time the events took place is crucial. Kholyavskiy v. Mukasey, 540 F.3d 555 (7th Cir. 2008). The “harm a child fears or has suffered . . . may be relatively less than that of an adult and still qualify as persecution.” Id. (emphasis added.) In addition, when determining whether an individual suffered past persecution, the adjudicator must consider the cumulative significance of the record as a whole, rather than each event in isolation. Nzeve v. Holder, 582 F.3d 678 (7th Cir. 2009).At his madrassa, Redacted’s teachers regularly punished him for expressing anti-Al-Shabaab views. When Redacted questioned Al-Shabaab’s violent philosophies, his teachers forcibly beat him with sticks, sometimes requiring him to seek medical attention for his injuries. To this day, Redacted still experiences pain in his hands from the beatings. Even after Redacted fled to Kenya, Al-Shabaab obtained his phone number and began threatening him. Taking Redacted’s young age into account, these multiple instances of physical harm and the imminent credible threats of harm, rise to the level of persecution.Al-Shabaab forced Redacted to watch his family be beaten, threatened, and kidnapped. Al-Shabaab broke into Redacted’s home in the night and attacked his uncle and pregnant mother. They shot and killed Redacted’s uncle in front of him and kidnapped and later killed Redacted’s older sister. As a small child dependent on his family, the beatings, kidnapping, and imminent credible threats of harm towards his closest family members also constitute persecution of Redacted. See Hernandez-Ortiz v. Gonzales, 496 F.3d 1042 (9th Cir. 2007) (noting that a child’s reaction to persecution of her family members is different from that of an adult because “[t]he child is part of the family, the wound to the family is personal, the trauma apt to be lasting”); Jorge-Tzoc v. Gonzales, 435 F.3d 146, 150 (2d Cir. 2006) (holding that the petitioner may have suffered past persecution, even though he was not physically harmed, because as a young child, he experienced the Guatemalan army’s campaign against his Mayan community.) This harm constitutes the kind of “non-physical harm of equal gravity” that the Seventh Circuit found rises to the level of persecution. See e.g. N.L.A., et al v. Holder, 744 F.3d 425 (7th Cir. 20014)(demonstrating how acts leveled against a family member of an individual may constitute persecution.) Based on the foregoing, Redacted suffered past persecution in Somalia.Redacted was Persecuted on Account of his Religion, Political Opinion, and Membership in a Particular Social GroupTo obtain asylum, a protected ground must be at least one central reason for the persecution the applicant suffered or fears. INA § 208(b)(1)(B)(i). A persecutor may still have mixed motives for targeting the applicant; the protected ground must only have played a central role in motivating the persecutor. Shaikh v. Holder, 702 F.3d 897, 902 (7th Cir. 2012). The applicant’s credible testimony, without more, can be sufficient to sustain his burden of proof. INA § 208(b)(1)(B)(ii). Al-Shabaab persecuted Redacted on account of his actual and imputed political opinion, as well as his Sufi religion. Al-Shabaab labeled Redacted’s father a traitor and a spy for working with Doctors without Borders, an international organization that they opposed. They imputed an anti-Al-Shabaab political opinion on Mr. Redacted and later imputed the same political opinion on Redacted’s family, including Redacted. Al-Shabaab kidnapped Redacted’s oldest sister and shot at his younger sisters who were working with the Somali Red Crescent Society, part of the International Red Cross, another organization Al-Shabaab opposed. Redacted himself was vocal about his opposition to Al-Shabaab’s views, and he was routinely beaten at his school for expressing these views. As noted in the country conditions evidence, Al-Shabaab is known to target individuals opposed to, or perceived to oppose, Al-Shabaab’s ideologies. See Tabs T, U, Y, PP.As a Sufi, Redacted’s religious ideology was drastically different from the beliefs held by Al-Shabaab. Redacted describes in his affidavit how Sufism preaches peace and acceptance, while Al-Shabaab advocated for violence. Even as a young child, Redacted was vocal in his opposition to Al-Shabaab’s hard-line interpretations of Islamic law and religion. Redacted told his teachers that their radical ideologies were against his interpretation of the Qur’an. His teachers, supporters of Al-Shabaab, punished him for expressing his anti-Al-Shabaab opinions and labeled him an infidel. Redacted was also persecuted on account of his membership in the particular social group of “the family of Redacted Redacted Redacted.” The Board has defined a “particular social group” as a group whose members share characteristics that they “either cannot change, or should not be required to change because it is fundamental to their individual identities or consciences.” Matter of Acosta, 19 I&N Dec. 211, 233-34 (1985). It is well established that family can form the basis of a particular social group. See Ayele v. Holder, 564 F.3d 862 (7th Cir. 2009) (“Our circuit recognizes family as a cognizable social group under the INA… as do our sister circuits.”)The fact that Al-Shabaab persecuted various members of Redacted’s family, including his uncle, mother, and sisters, demonstrates that Redacted’s membership in the Redacted Redacted Redacted family is at least one central reason for his persecution. Redacted’s father was well known in his community, due to his high profile job with Doctors without Borders. Al-Shabaab labeled Redacted’s father a spy and threatened to kill him. When Al-Shabaab was not able to locate Redacted’s father, they began to persecute his family, including Redacted.Somalia is unable and/or unwilling to protect RedactedPersecution by private actors rises to a claim of asylum when the government is “unable or unwilling to control” the private actor. Hor. v. Gonzalez, 421 F.3d 497, 501-02 (7th Cir. 2005). Evidence of the government’s inability or unwillingness to control the non-state actor includes “official action that is perfunctory; a pattern of government unresponsiveness; general country conditions and the governments denial of services; the nature of the government’s policies with respect to harm or suffering at issues; and any steps the government has taken to prevent inflictions of such harm or suffering.” Proposed Rule, 65 Fed. Reg. at 76597.The supporting evidence establishes that Somalia is unable or unwilling to protect its civilians from the constant threat of violence at the hand of various parties.??See?Tabs R-CC.? Civilians face human rights abuses from all warring parties in the country, terrorists groups, extremist elements, and traditional clan rivalries.? As the U.S. Department of State notes, “[t]he police were generally ineffective, underpaid, and corrupt,” and perpetrators of human rights abuses are rarely punished due to the absence of functioning institutions.??See Tabs R-CC.? Somalia has been mired in war and lawlessness for two decades.? It is clear that no one will be able to protect Redacted from Al-Shabaab should he be forced to return to Somalia. Redacted has a Well-Founded Fear of Future Persecution Redacted has established that he suffered past persecution on account of his religion, political opinion, and membership in the particular social group of “the family of Redacted Redacted Redacted.” He has also established that the Somali government is unwilling or unable to protect him. As a result, a rebuttable presumption exists that he will be persecuted in the future. 8 C.F.R. § 208.13(b)(1)(i). The presumption can only be rebutted if: (1) there has been a fundamental change of circumstances, or (2) relocation in Somalia would be reasonable. 8 C.F.R. § 208.13(b)(1)(i)(A)(B). The supporting documents make?it abundantly clear that conditions in Somalia have not only remained dangerous and volatile, but have actually deteriorated in recent years.??See?Tabs S, T.? The United Nations High Commissioner for Refugees has indicated that “it is not safe to send Somali asylum seekers home,” and advises governments “not to return Somali civilians to south-central Somalia because of the ‘risk of serious harm’ that civilians may face there due to widespread violations of the laws of war and large-scale human rights violations.”??See?Tabs V, W, Y.? Regulations require relocation be reasonable in all circumstances. See 8 C.F.R. §1208.13(b)(2). When determining whether relocation is reasonable, the adjudicator must consider whether the applicant would face other serious harm in the place suggested; any ongoing civil strife within the country; administrative, economic, or judicial infrastructure; and geographical limitations. See 8 C.F.R. § 208.13(b)(3); Bace v. Ashcroft, 352 F.3d 1133 (7th Cir. 2003).The country conditions documents indicate that civilians seeking to escape the dangers of their own neighborhoods and regions only find that more danger and less security await them wherever they go, and in these conditions, internal relocation is simply not possible, much less reasonable.??See?Tabs KK-NN. A young man such as Redacted would be in particular danger of moving to a region where he has no family ties, as Somalia is a family and clan-based society, and he would lack even the limited protection offered by family in the midst of the ongoing conflict.? Although Redacted’s family fled Kismayo, Redacted has not heard from them since then and he has no knowledge of their whereabouts or safety. Redacted has no known family or home to return to in Somalia. Therefore, it would not be reasonable for him to relocate within Somalia. Additionally, Redacted can establish an independent fear of future persecution in Somalia on account of the protected grounds discussed supra. 8 C.F.R. § 208.13(b). Redacted’s affidavit establishes that he has a subjective fear of persecution. The country conditions provide strong evidence that a reasonable possibility, at least a 10% chance, exists that Redacted will be harmed if returned to Somalia. INS v. Cardoza-Fonseca, 480 U.S. 421, 440 (1987). Redacted fears that he will be killed or seriously harmed by Al-Shabaab if he is forced to return to Somalia.? Countless young men in Somalia have already been killed by Al-Shabaab for refusing recruitment, for acting contrary to Al-Shabaab’s ideology, or for suspected ties to opposing forces.??See?Tabs DD-JJ.? Redacted has stated that his own religious beliefs as a Muslim differ radically from those being imposed by Al-Shabaab, and that he does not wish to join or fight for Al-Shabaab.??See?Tab A.? Nevertheless, the supporting documents make it clear that Al-Shabaab regularly recruits young men such as Redacted to fight with them, and if they refuse to join, they kill them.??See, e.g,?Tabs EE, GG, HH, II.? Furthermore, they kill or harm anyone who expresses or acts in opposition to their interpretation of Islamic law, as well as anyone they suspect of being a spy for opposing forces.??Id.? Somalis who have spent time in the United States are at particular risk of being suspected as spies for the opposition.??See?Tab PP.? As such, Redacted’s subjective fear that he will be harmed on account of the protected grounds discussed supra is well-founded and objectively reasonable.ConclusionBased on his affidavit, credible testimony, and other evidence, Redacted has established he suffered persecution in Somalia on account of his religion, political opinion, and membership in the particular social group of “the family of Redacted Redacted Redacted.” The Somali government is unable and unwilling to control Al-Shabaab or to protect Redacted from harm. Redacted cannot relocate to avoid persecution. Finally, Redacted has established an independent, well-founded fear of future persecution on account of aforementioned protected grounds. Redacted has therefore established his eligibility for asylum and respectfully requests that his application be granted.Respectfully, ................
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