The Board of Immigration Appeals has determined that a Mauritanian respondent’s three-day detention, during which he was beaten once but did not suffer significant injury, did not rise to the level of persecution. DHS appealed the Immigration Judge’s grant of withholding of removal, which had been based on political opinion and tribal membership claims.
The Board also held that a government’s general deference to tribal mechanisms for resolving tribal conflict does not, without more, show that the government is unable or unwilling to protect against tribal harm. The Board sustained DHS’s appeal, vacated the withholding grant, and remanded for further consideration of future harm and CAT protection.
The full text of Matter of A-H-D- can be found here: https://www.justice.gov/eoir/media/1442386/dl?inline