Immigration – asylum — Niger

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Immigration – asylum — Niger

Poor prison conditions in Niger generally are not a basis for asylum.

“Abdoulaye emphasizes that the State Department reports acknowledge that prison conditions in Niger are ‘poor and life threatening.’ The reports note that prisons are severely overcrowded, that ‘nutrition, sanitation, and health conditions [a]re poor,’ and that deaths from disease occur. While we are willing to assume that prison conditions in Niger are terrible, this alone does not demonstrate that Abdoulaye will be tortured if he finds himself in prison as a result of his role in the Diffa mutiny. Unpleasant though it may be, imprisonment imposed as part of a lawful sanction does not constitute torture in and of itself. 8 C.F.R. § 1208.18(a)(3); see also Pavlyk v. Gonzales, 469 F.3d 1082, 1091 (7th Cir. 2006). Abdoulaye could establish eligibility for CAT protection by showing that he was likely to be targeted for mistreatment in prison or that the harsh conditions in Nigerien prisons are specifically intended to inflict pain and suffering on the prisoners, see, e.g., Kang v. Att’y Gen., 611 F.3d 157, 165 n.3 (3d Cir. 2010) (harsh prison conditions are not themselves a basis for relief without showing of some sort of targeted intent to harm the applicant); Eneh v. Holder, 601 F.3d 943, 948 (9th Cir. 2010) (same); In re J-E, 23 I. & N. Dec. 291, 300-01 (B.I.A. 2002) (same), but he has not presented any evidence that would support either determination. Based on the record before us, we cannot conclude that the Board erred in finding that Abdoulaye failed to carry his burden of proof on his CAT claim.”

Petition Denied.

12-3023 Abdoulaye v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Wood, J.