Matter of M-D-

M-D- (plaintiff) was a biracial Mauritanian citizen of Peurh ethnicity. Maurs were Mauritania’s primary ethnic group. One day, a group of white and black Maurs who were in the military went to M-D-’s house. The Maurs accused M-D- and his family of being from Senegal and insisted on seeing M-D-’s identification papers. When M-D- presented the paperwork, the Maurs destroyed it. M-D-’s family was placed under arrest and forced to cross a river into Senegal. M-D- was arrested and imprisoned for 18 months and later forced to cross the river into Senegal at gunpoint. M-D- joined his family at a refugee camp and remained there for 11 months. M-D- fled and eventually went to the United States, where he sought asylum. M-D- testified to these facts and presented articles and reports regarding Mauritania’s general country conditions in which black Mauritanians were oppressed because of their skin color. The State Department’s country report for Mauritania for 1995 was also on the record. However, M-D- did not submit evidence of his identity, such as a birth certificate, identity card, or passport. M-D- testified regarding the destruction of the documents; however, M-D- apparently did not seek replacement documents or reasonably explain why the documents were not replaced. M-D- maintained telephone contact with his sister, who lived outside the refugee camp in Senegal, and his sister remained in contact with M-D-’s family. However, M-D- did not have his sister or family provide a letter or affidavit to corroborate his story. Also, M-D- presented no evidence attesting to his past presence in the refugee camp or the current presence of his family, who had lived in the camp for seven years. M-D- testified that he lost the refugee card provided to him by the United Nations. The immigration judge permitted M-D- a continuance of seven weeks to afford the time to secure a new refugee card, but M-D- could not get one. Because M-D- did not produce evidence corroborating specific facts, the immigration judge found that M-D- had not met his burden and denied relief. M-D- appealed.