Immigration – Asylum – Bosnia

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U.S. Court of Appeals For the Seventh Circuit

Civil

Immigration – Asylum – Bosnia

A Bosnian Muslim asylum applicant failed to show he would be subjected to torture based on the civil war that occurred from 1992 to 1995.

“Lenjinac argues that the fact that he is likely to be imprisoned or detained upon his return combined with evidence that torture is commonplace in Bosnian prisons satisfies his burden of proof. But it does not. As the BIA explained in its opinion, although Lenjinac points to reports of life-threatening prison conditions and incidents of torture in Bosnian prisons, none of the record evidence establishes that it is more likely than not that Lenjinac will be tortured or abused. Under the high burden for obtaining CAT protection, reports that torture occurs in a foreign country and its prisons are insufficient bases for relief without evidence that the petitioner will be tortured if he returns. See, e.g., Rashiah, 388 F.3d at 1133 (upholding BIA’s denial of CAT relief where record contained evidence of torture in alien’s home country, but no evidence that applicant himself would be targeted). See also Selimi v. Ashcroft, 360 F.3d 736, 740–41 (7th Cir. 2004) (holding evidence of ‘political turmoil, civil strife, and many human rights abuses’ without evidence that applicant was personally targeted was an insufficient basis for granting asylum, which requires a lower burden of proof than CAT protection). Neither Lenjinac’s familial losses during the Bosnian civil war, his heritage, nor his lack of home to return to, establish that he would be more vulnerable to mistreatment than the general prison population. Additionally, there is no evidence in the record that Bosnian prison conditions are intended to inflict pain or suffering on prisoners. See Abdoulaye, 721 F.3d at 491–92 (holding evidence of harsh prison conditions without evidence that those conditions are intended to inflict pain or suffering on prisoners is insufficient to carry burden of proof to establish likelihood of torture for CAT deferral). Thus, although Lenjinac expresses fear of torture upon his return to Bosnia- Herzegovina, the record fails to establish that such torture is more likely than not and thus does not compel a result contrary to the BIA’s conclusion.”

Petition Denied.

14-1807 Lenjinac v. Holder

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

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