Morgan, et al v. Holder

Filing 920110211

Opinion

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var WPFootnote1 = ' In July of 1999 Erein Mansour Ibrahim arrived in the United\
States. The couple wed within a matter of weeks, and Ibrahim is\
named as a derivative beneficiary of Morgan\'s asylum application. \
For ease in exposition we discuss the case as if it involved Morgan\
alone. \
'

var WPFootnote2 = ' The record as to past persecution is exactly the same as it\
was in 2002 (when the dismissal of Morgan\'s earlier petition for\
judicial review became final). It is, therefore, at least arguable\
that the issue of past persecution is no longer open. See United\
States v. Moran, 393 F.3d 1, 7-8 (1st Cir. 2004); United States v.\
Rivera-Martínez, 931 F.2d 148, 150-51 (1st Cir. 1991); see also\
Enwonwu v. Gonzales, 232 F. App\'x 11, 13-14 (1st Cir. 2007) (per\
curiam). But because Morgan\'s claim fails on the merits, we need\
not definitively resolve this point. \
'

var WPFootnote3 = ' Morgan\'s claims that he fears that he will be persecuted for\
being "Westernized" or "Americanized" are not cognizable. See\
Ahmed v. Holder, 611 F.3d 90, 94-95 (1st Cir. 2010). Accordingly,\
we eschew any discussion of them.\
'

var WPFootnote4 = ' Kidnaping, of course, is a more serious matter — but the one\
allegation of kidnaping that is mentioned in the record here is\
only tangentially connected to Morgan.\
'

var WPFootnote5 = ' The IJ found that Morgan\'s "problems began when he\
interfered with someone else\'s relationship." To that extent, the\
IJ added that his problems "certainly do not fall within the ambit\
of persecution to be addressed by asylum or withholding of\
removal."\
'

var WPFootnote6 = ' The record evidence of the motivation for the attacks on\
Morgan\'s family is inconclusive given the absence in the police\
reports and other documents of any assertion that they were on\
account of religion. Neither the attorney letters Morgan submitted\
nor the police reports corroborated his contention of religious\
animus, and he did not offer sworn statements from his brothers\
about their experiences.\
'

var WPFootnote7 = ' Morgan wisely refrains from making a stare decisis argument. \
It is plain that the unreported decision of a single IJ lacks\
precedential force. See, e.g., Ang, 430 F.3d at 58.\
'

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