Zoumade Madjakpor v. John Ashcroft , 97 F. App'x 72 ( 2004 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 02-4117
    ___________
    Zoumade Madjakpor,                    *
    *
    Petitioner,               *
    * On Petition for Review From
    v.                              * an Order of the Board of
    * Immigration Appeals.
    John Ashcroft, Attorney General of    *
    the United States,                    *      [UNPUBLISHED]
    *
    Respondent.               *
    ___________
    Submitted: December 17, 2003
    Filed: May 24, 2004
    ___________
    Before MELLOY, MCMILLIAN, and BOWMAN, Circuit Judges.
    ___________
    PER CURIAM.
    Zoumande Madjakpor, a native of Togo, seeks withholding of removal and
    relief under the Convention Against Torture (CAT). Madjakpor claims his past
    participation in a resistance movement would subject him to persecution and torture
    if he were to be removed to Togo. The Immigration Judge denied withholding of
    removal and ordered Madjakpor removed to the Ivory Coast where he had lived for
    approximately twenty years. The removal order included Togo as an alternative
    country of removal if the Ivory Coast refused to accept him. The Board of
    Immigration Appeals affirmed the decision and Madjakpor petitions this Court for
    review, challenging only his possible removal to Togo, not his removal to the Ivory
    Coast.
    Because Madjakpor makes no claim that removal to the Ivory Coast would
    expose him to either persecution or torture, we hold his petition for review in
    abeyance pending the outcome of the Attorney General's efforts to remove Madjakpor
    to the Ivory Coast. If the Ivory Coast accepts Madjakpor, the Attorney General shall
    so inform us of this fact, and we then will dismiss the petition as moot, since removal
    to Togo would no longer be in order once the Ivory Coast has accepted him. If the
    Ivory Coast declines to accept Madjakpor, the Attorney General shall so inform us,
    and we then will proceed to adjudicate Madjakpor's claims regarding the suitability
    of Togo as a country of removal.
    Madjakpor also requests that we review the administrative denial of his request
    for voluntary departure. This decision is unreviewable, and we therefore dismiss the
    claim. 8 U.S.C. § 1229c(f) (2000). The Court retains jurisdiction over the petition
    for review with respect to the request for withholding of removal and relief under the
    CAT. The Attorney General may proceed with Madjakpor's removal to the Ivory
    Coast.
    ______________________________
    -2-
    

Document Info

Docket Number: 02-4117

Citation Numbers: 97 F. App'x 72

Filed Date: 5/24/2004

Precedential Status: Non-Precedential

Modified Date: 1/12/2023