Case Summary
**Case Summary: Fernandez v. Mukasey**
**Docket Number:** 07-853503
**Court:** United States Court of Appeals for the Second Circuit
**Date:** Decision issued on September 22, 2008
**Background:**
Jose Fernandez, the petitioner in this case, challenged a final order of removal issued by the Board of Immigration Appeals (BIA) against him. Fernandez, a native of the Dominican Republic, was ordered to be removed based on grounds related to his criminal history. He contested the removal order, arguing that he was eligible for a form of relief known as withholding of removal under the Immigration and Nationality Act (INA).
**Facts:**
Fernandez entered the United States as a lawful permanent resident but later faced criminal charges that resulted in his conviction. His criminal history included serious offenses, which raised concerns regarding his eligibility for withholding of removal. Fernandez filed for withholding of removal, claiming a fear of persecution if returned to the Dominican Republic, based on past experiences and his status as a deportable alien.
The immigration judge (IJ) denied his application for withholding of removal, finding that he did not demonstrate a well-founded fear of persecution upon returning to his home country. The BIA affirmed the IJ’s decision, leading Fernandez to seek review from the Second Circuit.
**Legal Issues:**
1. Whether Fernandez demonstrated eligibility for withholding of removal under the INA.
2. Whether the BIA and IJ appropriately assessed the credibility of Fernandez’s claims regarding a fear of persecution.
**Decision:**
The Second Circuit upheld the BIA's decision, finding that the IJ provided a reasonable basis for concluding that Fernandez did not have a credible fear of persecution. The court pointed to substantial evidence that contradicted his claims, including the nature of his prior offenses and the evidence presented regarding conditions in the Dominican Republic.
The court emphasized the burden of proof that lies on the petitioner to establish eligibility for withholding of removal, noting that Fernandez failed to meet this burden. The decision ultimately led to the affirmation of the removal order against Fernandez.
**Outcome:**
The Second Circuit affirmed the BIA's order of removal, concluding that Fernandez was not entitled to withholding of removal under the law and that there was no error in the BIA’s assessment of evidence or credibility.
**Significance:**
This case highlights the rigorous standards that applicants for relief from removal must meet in order to prevail. It illustrates the role of credibility and the evidentiary burden in immigration proceedings, particularly for individuals with criminal histories seeking protection from deportation.