Ali v. Reno

237 F.3d 591 (2001)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Ali v. Reno

United States Court of Appeals for the Sixth Circuit
237 F.3d 591 (2001)

Facts

Zainab Ali (defendant) and her family, including her father and brothers, were Iraqi citizens who fled political persecution in Iraq and lived in Syria for 10 years. Ali married a man who resided in the United States. Ali and her family moved to Denmark as refugees. Ali obtained a visa to visit her husband in the United States, where she remained for six years, overstaying her visa and unintentionally relinquishing her Danish refugee status. The family notified Ali that her father was extremely ill, causing Ali to travel to Denmark. The father was not ill; the family had tricked Ali for the purpose of forcing her to divorce her husband, but Ali refused. Ali’s father and brothers beat her severely, and Ali was hospitalized. Danish police officers arrested the father and brothers. Ali told the officers that she did not want her brothers to be prosecuted and asked the officers to warn the brothers not to contact her or go near her. The officers agreed to give the warning, but the chief of police decided not to pursue the matter because Ali did not want her brothers to be prosecuted. The police released the brothers from jail. One of the brothers threatened Ali with a gun, causing Ali to flee to the United States. Under the Illegal Immigration Reform and Immigrant Responsibility Act, Ali was ineligible for asylum because she had firmly resettled in Denmark before returning to the United States. The immigration board ordered Ali to be removed to Denmark or Syria, but Ali would be subject to removal in Denmark because she had lost her refugee status. Ali argued that she qualified for withholding of removal to Denmark under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the convention) because the Danish police had acquiesced to Ali’s abuse at the hands of her brothers. The immigration board held that the Danish police did not acquiesce to Ali’s abuse but declined prosecution of the brothers at Ali’s request. Ali sought reversal from the United States Court of Appeals for the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Daughtrey, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership