Court affirms asylum denial

Kante v. Holder, __ F.3d __ (6th Cir. 2011) (published)
At the government's request, the Court published this decision affirming the denial of a Guinean woman's asylum claim.

The Court affirmed the adverse credibility finding because the discrepancies in her claim went to the heart of her claim.

The alien also asked the Court to consider current country conditions.  The Court declined to take judicial notice of those events.  The remedy is to file a motion to reopen.

Finally, the Court held that "women subjected to rape as a method of government control" is not a particular social group.  The Court held that the group is not defined with particularity and it is circularly defined by the fact that it suffers persecution.  The group has to share a narrowing characteristic other than the risk of harm.