Sixth Circuit: Passing Through Other Countries Undermines Asylum Seeker’s Credibility
By Andrew R. Arthur on May 1, 2026
The U.S. Court of Appeals for the Sixth Circuit this week issued an opinion in Deh v. Blanche, denying in part and dismissing in part an appeal filed by a Mauritanian national who alleged he was denied due process thanks to a bad interpreter at the hearing in which an immigration judge denied his applications for asylum, withholding of removal (“statutory withholding”) under section 241(b)(3) of the immigration and Nationality Act (INA), and protection under the Convention Against Torture (CAT). The court also made clear that aliens fleeing alleged persecution and torture should seek protection in the first safe country they come to, rather than waiting to apply here, or risk being found not credible.
Efra Samba Deh
The petitioner, Efra Samba Deh, is a national of Mauritania, but even though he claims to be from a country in northwestern Africa, he appeared at a port of entry in California (some 6,000 miles away) on an unspecified date, without proper entry documents.
Because he lacked proper admission documents, DHS detained him in apparent accordance with section 235(b) of the INA and placed him into removal proceedings, where he conceded removability.
As relief from removal, Deh applied for asylum, statutory withholding, and CAT, alleging he had been persecuted and tortured in Mauritania in the past, and would suffer such harm in the future if returned.
“In his asylum application”, the Sixth Circuit explained, “Deh claimed that he had been forced to work as a slave and that Mauritanian authorities had arrested and tortured him multiple times. He also provided a letter from his sister recounting that Mauritanian police had repeatedly tortured him.”
https://cis.org/Arthur/Sixth-Circuit-Passing-Through-Other-Countries-Undermines-Asylum-Seekers-Credibility
