US appeals court orders re-evaluation of Somali national’s deportation amid torture concerns

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Wednesday February 14, 2024

 

FILE – An undocumented immigrant boards an Immigration and Customs Enforcement (ICE), charter jet early on October 15, 2015 in Mesa, Arizona. Photo: John Moore/Getty Images

Minneapolis (HOL) – The United States Court of Appeals for the Third Circuit has ordered a reassessment of the deportation of a Somali immigrant who is facing legal challenges after being convicted of a multimillion-dollar insurance fraud conspiracy

Yahye Herrow, 51, from Minneapolis, Minnesota, originally found refuge in the United States from the violence and persecution prevalent in Somalia, especially towards minorities like the Bandabow Tribe to which he belongs. However, Herrow’s asylum status was jeopardized after a 2018 conviction for his involvement in a complex fraud scheme. 

The case against Herrow unfolded over five years, from 2011 through 2016, involving corrupt chiropractors and their accomplices, who orchestrated a fraudulent operation causing significant financial losses to insurers and, subsequently, higher premiums for Minnesotans. Herrow played a crucial role as a “runner,” recruiting car accident victims to seek unnecessary chiropractic treatments from clinics involved in the scheme, in exchange for kickbacks.

Despite his asylum grant in 2000 due to the dire situation in Somalia, Herrow’s criminal conviction triggered removal proceedings. According to Herrow, his minority clan status, combined with his prolonged absence from Somalia and subsequent “westernization,” would make him a prime target for Al Shabaab, a jihadist terrorist group known for its ruthless violence and persecution of those they perceive as spies or traitors to their cause. Furthermore, Herrow argues that government forces, either incapable of protecting minorities or colluding with Al Shabaab, would also pose a significant threat to his safety and well-being. 

The court found that Herrow’s claims are supported by extensive evidence, including reports from human rights organizations and expert testimonies detailing the precarious situation for minority clans in Somalia. Circuit Judge Jane R. Roth, writing for the majority, emphasized, “Mr. Herrow has submitted ample support for his claim that he’d be singled out and tortured if deported to Somalia. This includes evidence that operatives of the terror group Al Shabaab often target individuals returning to the country from Western nations.”

Herrow’s legal representation hailed the decision as a critical step towards justice. “This ruling acknowledges the grave risks faced by Mr. Herrow in Somalia, underscoring the necessity of a thorough and fair review of his claims under the Convention Against Torture,” stated Christopher M. Casazza, one of Herrow’s attorneys.

The Third Circuit’s recent ruling agreed with the Board of Immigration Appeals that “Repatriated Minority Somalis” do not constitute a cognizable particular social group for asylum claims. Nonetheless, it criticized the immigration judge’s neglect of substantial evidence supporting Herrow’s claim of facing torture upon return, thus ordering a remand for a thorough review of his CAT claim.

“Today’s decision is a testament to the importance of diligently reviewing all evidence, especially in cases where an individual’s safety and life are at stake,” said Caitlin J. Costello, another of Herrow’s attorneys.
 



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