Hor v. Gonzales

421 F.3d 497 (2005)

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Hor v. Gonzales

United States Court of Appeals for the Seventh Circuit
421 F.3d 497 (2005)

Facts

Abdelhadi Hor (defendant) entered the United States from Algeria, and Attorney General Alberto Gonzales (plaintiff) initiated deportation proceedings before an immigration judge (IJ). In addition to providing documentary evidence about the situation in Algeria, Hor testified he was employed by a large government-owned manufacturer and an active member of the FLN, the ruling political party of Algeria. Hor testified that in March 2000, the GIA, an Islamic anti-government organization, detained him at a roadblock. Hor testified that the group released him on the condition that Hor name members of the FLN. Hor testified that five months later, he was stopped at another GIA roadblock and threatened with death. Hor testified that the Algerian military had to rescue him from the GIA but offered him no other protection. Hor testified that he left for the United States after the issuance of a decision by an Algerian court that Hor should keep a low profile. The IJ denied Hor’s application for asylum, finding that his testimony was not credible. The IJ found it implausible that the GIA would have harmed Hor more immediately after the first encounter. The IJ also found it unbelievable that the Algerian military would have refused to protect Hor. Hor appealed to the Board of Immigration Appeals (BIA), and the BIA affirmed the IJ decision denying Hor’s application for asylum. Hor appealed to the Seventh Circuit, reasserting his asylum claim.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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