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192918P.pdf 01/15/2021 Mohamud Hassan v. William P. Barr
U.S. Court of Appeals Case No: 19-2918
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Loken, Circuit
Judge]
Petition for Review - Immigration. For the court's prior opinion in the
matter, see Hassan v. Holder, 446 F.App'x 822 (8th Cir. 2012). The matter
was reopened to consider Hassan's request for deferral of removal to
Somalia; the BIA's decision denying deferral is affirmed, as substantial
evidence supports the IJ's and the BIA's conclusions that Hassan was
unlikely to be tortured by Al-Shabaab for minority-clan membership; the
record does not show that the Somali government has willfully turned a
blind eye to Al-Shabaab's activities, and substantial evidence supported
the IJ's and BIA's determinations that the Somali government was unlikely
to acquiesce in any torture by Al-Shabaab; the IJ and BIA properly
considered the risk of torture in the aggregate.