Owusu v. Merrick B. Garland, No. 23-3350 (6th Cir. 2024)
Annotate this CaseThe United States Court of Appeals for the Sixth Circuit denied the petition for review filed by Kingsley Owusu, who was seeking asylum and withholding of removal from the United States. Owusu, originally from Ghana, claimed that he had suffered three violent incidents in his home country due to his political affiliations, leading him to fear future persecution. The immigration judge and the Board of Immigration Appeals both found that Owusu had failed to demonstrate that the Ghanaian government was unable or unwilling to address the harm he faced from private actors, that his past incidents did not constitute persecution, that he could not establish a well-founded fear of future persecution, and that he could avoid persecution by relocating within Ghana. On appeal, the Sixth Circuit held that for Owusu to be eligible for asylum or withholding, he must show state action, either by demonstrating that his persecutor is a state actor or that the Ghanaian government was unable to protect him. The court found that Owusu failed to meet this burden, as he presented no compelling evidence that the Ghanaian police would either persecute him or fail to protect him from persecution. As such, the court denied Owusu's petition for review.
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