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October 01, 2008

CA1: Petitioner not beaten enough for asylum

El-Labaki v. Mukasey, No. 07-1191.  The petitioner is a Lebanese Greek Orthodox Christian that worked in Lebanon a lot.  The IJ denied his claim, writing:

While recognizing that petitioner’s ability to travel was merely encumbered by the short-duration detentions at the checkpoint and occasional beating, the IJ considered these interferences negligible inasmuch as El-Labaki remained free to travel within Lebanon, Saudi Arabia, Beirut, Jordan and Syria.

He filed late, so the asylum claim doesn’t work.  Regarding a withholding of removal claim, The First sides with the BIA and says he wasn’t persecuted.  Regarding his CAT claim, that fails, too. 

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