Beth Kobugabe v. Alberto R. Gonzales, Attorney Gen. of the United States, 440 F.3d 900 (7th Cir. 2006). · Go Syfert
Beth Kobugabe v. Alberto R. Gonzales, Attorney Gen. of the United States, 440 F.3d 900 (7th Cir. 2006). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 2 distinct courts.
Strongest positive: P. A.-V. v. Pamela J. Bondi (ca7, 2025-08-04)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
cited Cited as authority (rule) P. A.-V. v. Pamela J. Bondi
7th Cir. · 2025 · confidence medium
“Fears of generalized harms are not enough.” Id. (citing Kobugabe v. Gonzales, 440 F.3d 900, 902 (7th Cir. 2006)).
cited Cited as authority (rule) Ismael Lozano-Zuniga v. Loretta Lynch
7th Cir. · 2016 · confidence medium
Kobugabe v. Gonzales, 440 F.3d 900, 902 (7th Cir.2006).
discussed Cited as authority (rule) Sugiarto Halim v. Eric Holder, Jr.
7th Cir. · 2014 · confidence medium
A petitioner may rely on past persecution to “ ‘imply a future threat’ however, “ ‘the focus remains on what is likely to happen following an alien’s return home.’ ” Kaharudin, 500 F.3d at 623 (quoting Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006)).
discussed Cited as authority (rule) Faryal Ahmed v. Eric Holder, Jr.
7th Cir. · 2013 · confidence medium
See Mabasa v. Gonzales, 455 F.3d 740, 745 (7th Cir.2006) (“The INA does not require withholding if an applicant ‘ “might” or “could” be subject to persecution.’” (quoting INS v. Stevic, 467 U.S. 407, 422 , 104 S.Ct. 2489 , 81 L.Ed.2d 321 (1984))); Kobugabe v. Gonzales, 440 F.3d 900, 901-02 (7th Cir.2006) (denying petition for review and agreeing with IJ that “modest,” uncorroborated future risk of persecution did not establish eligibility for withholding).
cited Cited as authority (rule) Zeqiri, Gzime v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
The INA “does not insure aliens against unrest or civil war in their homelands.” Kobugabe v. Gonzales, 440 F.3d 900, 902 (7th Cir. 2006).
cited Cited as authority (rule) Zeqiri v. Mukasey
7th Cir. · 2008 · confidence medium
The INA “does not insure aliens against unrest or civil war in their homelands.” Kobugabe v. Gonzales, 440 F.3d 900, 902 (7th Cir.2006).
discussed Cited as authority (rule) Huang, An Na v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
Past persecution “may imply a future threat and so require the agency to demonstrate that conditions have improved, . . . [but] the focus remains on what is likely to happen fol- lowing an alien’s return home.” Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir. 2006).
discussed Cited as authority (rule) Huang v. Mukasey
7th Cir. · 2008 · confidence medium
Past persecution “may imply a future threat and so require the agency to demonstrate that conditions have improved, ... [but] the focus remains on what is likely to happen following an alien’s return home.” Kobu-gabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006).
discussed Cited as authority (rule) Al-Naji, Yousef v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
See 8 U.S.C. § 1231 (b)(3)(A); Boci v. Gonzales, 473 F.3d 762, 767 (7th Cir. 2007); Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir. 2006) (“For withholding, although persecution in the past may imply a future threat and so require the agency to demonstrate that conditions have improved, the focus remains on what is likely to happen following an alien’s return home.” (internal citations omitted)).
discussed Cited as authority (rule) Al-Naji v. Mukasey
7th Cir. · 2008 · confidence medium
See 8 U.S.C. § 1231 (b)(3)(A); Boci v. Gonzales, 473 F.3d 762, 767 (7th Cir.2007); Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006) (“For withholding, although persecution in the past may imply a future threat and so require the agency to demonstrate that conditions have improved, the focus remains on what is likely to happen following an alien’s return home.” (internal citations omitted)).
discussed Cited as authority (rule) Kaharudin, Sylviana v. Mukasey, Michael B.
7th Cir. · 2007 · confidence medium
Although past persecution “may imply a future threat and so require the agency to demonstrate that conditions have improved, . . . the focus remains on what is likely to happen following an alien’s return home.” Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir. 2006); see also 8 C.F.R. § 1208.16 (b)(1)(I).
discussed Cited as authority (rule) Kaharudin v. Gonzales
7th Cir. · 2007 · confidence medium
Although past persecution “may imply a future threat and so require the agency to demonstrate that conditions have improved, ... the focus remains on what is likely to happen following an alien’s return home.” Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006); see also 8 C.F.R. § 1208.16 (b)(1)®.
discussed Cited as authority (rule) Lopez De Hincapie v. Gonzales
1st Cir. · 2007 · confidence medium
Although the tests for asylum and withholding of removal differ in several important respects, see, e.g., Kobugabe v. Gonzales, 440 F.3d 900, 901-02 (7th Cir.2006), the “on account of’ requirement is common to both, see INS v. Stevic, 467 U.S. 407, 429-30 , 104 S.Ct. 2489 , 81 L.Ed.2d 321 (1984).
cited Cited as authority (rule) Herdiansyah, Yonatha v. Gonzales, Alberto R.
7th Cir. · 2007 · confidence medium
Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006).
cited Cited as authority (rule) Varghese, George M. v. Gonzales, Alberto R.
7th Cir. · 2007 · confidence medium
Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006).
cited Cited as authority (rule) Boctor, John S. v. Gonzales, Alberto R.
7th Cir. · 2007 · confidence medium
Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir. 2006) (citing INS v. Stevic, 467 U.S. 407 (1984)).
cited Cited as authority (rule) John S. Boctor v. Alberto R. Gonzales
7th Cir. · 2007 · confidence medium
Ko bugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006) (citing INS v. Stevic, 467 U.S. 407 , 104 S.Ct. 2489 , 81 L.Ed.2d 321 (1984)).
cited Cited as authority (rule) Berinde, Domnica v. Gonzales, Alberto R.
7th Cir. · 2006 · confidence medium
To be eligible for withholding of removal, Vasile “bears the burden of demonstrating that loss of life or freedom is more likely than not.” Kobu-gabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006).
discussed Cited as authority (rule) Lopez, Herberth H. v. Gonzales, Alberto
7th Cir. · 2006 · confidence medium
To qualify for withholding of removal, Lopez must show that it is more likely than not that if returned to Guatemala his life or freedom would be threatened because of his race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1231 (b)(3)(A); Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006).
discussed Cited "see" Escobar v. Holder (2×)
7th Cir. · 2011 · signal: see · confidence high
See Kobugabe v. Gonzales, 440 F.3d 900 (7th Cir. 2006).
cited Cited "see" Obambi, Bouya v. Gonzales, Alberto
7th Cir. · 2006 · signal: see · confidence high
See Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir. 2006).
cited Cited "see" Bouya Ngazala Ikama-Obambi v. Alberto R. Gonzales
7th Cir. · 2006 · signal: see · confidence high
See Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006).
cited Cited "see, e.g." Pupella, Yvonne v. Gonzales, Alberto
7th Cir. · 2006 · signal: see also · confidence medium
See 8 C.F.R. § 208.16 (b); see also Kobugabe v. Gonzales, 440 F.3d 900, 901 (7th Cir.2006).
Retrieving the full opinion text from the archive…
Beth KOBUGABE, Petitioner,
v.
Alberto R. GONZALES, Attorney General of the United States, Respondent
05-1607.
Court of Appeals for the Seventh Circuit.
Mar 15, 2006.
440 F.3d 900
James C. Ten Broeck, Jr. (argued), Chicago, IL, for Petitioner., Karen Lundgren, Department of Homeland Security Office of the District Counsel, Chicago, IL, David B. Edwards (argued), Department of Justice Office of Immigration Litigation, Dallas, TX, for Respondent.
Easterbrook, Williams, Sykes.
Cited by 25 opinions  |  Published
EASTERBROOK, Circuit Judge.

After seven years in the United States, Beth Kobugabe (whose student visa had expired) applied for asylum, contending that she would be persecuted in her native Uganda. Because Kobugabe had not sought asylum within a year of arriving, however, her application was denied as untimely. 8 U.S.C. § 1158(a)(2)(B). She remains eligible for withholding of removal under 8 U.S.C. § 1231(b)(3)(A), which provides that immigration officials “may not remove an alien to a country if ... the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion.”

Kobugabe testified that she had been raped by members of Uganda’s army, and that she would be at continuing risk because her father and brothers fought on behalf of two former rulers (Milton Obote and Tito Okello). Soldiers supporting a rebel faction had sacked and burned her family’s compound and killed many of her relatives during a civil war; that faction prevailed, and its leader (Yoweri Museve-ni) has been President of Uganda since 1986. Moreover, Kobugabe testified (she was the only witness), members of the Batoro Tribe, to which she belongs, fare poorly in Uganda. The immigration judge did not believe her and added that she would not be entitled to relief even if her story were true. The Board of Immigration Appeals agreed in a short opinion.

To simplify matters we shall assume that Kobugabe’s testimony was truthful. The question remains whether she is entitled to withholding of removal. That remedy differs from asylum in several ways, three of which are pertinent. First, an applicant for asylum must show that persecution has occurred, while an applicant for withholding of removal must establish a threat to “life or freedom” if returned. Persecution may take forms less serious than deprivation of life or freedom. Second, the applicant for withholding of removal bears the burden of demonstrating that loss of life or freedom is more likely than not. See INS v. Stevic, 467 U.S. 407, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984). The burden in asylum matters is lower. See generally Chitay-Pirir v. INS, 169 F.3d 1079, 1081-82 (7th Cir.1999). Third, § 1231(b)(3) concerns the future rather than the past. In asylum cases a demonstration that severe persecution occurred before the alien’s arrival in the United States can justify asylum without regard to current country conditions. For withholding, although persecution in the past may imply a future. threat and so require the agency to demonstrate that conditions have improved, see 8 C.F.R. § 1208.16(b)(1); Firmansjah v. Gonzales, 424 F.3d 598, 604-06 (7th Cir.2005), the focus remains on what is likely to happen following an alien’s return home. Respect[*902] ing these differences between asylum and withholding of removal is vital if the deadline for seeking asylum is to have any effect.

The immigration judge found that the future risk to Kobugabe would be modest. Neither the State Department’s country report for 1997 (on which the immigration judge relied, together with a BBC profile from 2003) nor the current report suggests that members of the Batoro Tribe are being persecuted in Uganda. Our search of online resources did not turn up so much as a contention by any human-rights organization that the Batoro Tribe has been victimized in the recent past in Uganda or faces impending persecution. Nor do the country reports or other published sources relate that the Museveni government is tracking down soldiers who fought on behalf of earlier leaders, let alone the relatives of those soldiers. Kobugabe did not put any evidence about current country conditions into the record; her position is that she is entitled to relief because of what she experienced before she arrived in this nation. Whether or not that would carry the day if this were an asylum case, her personal history is not enough to show entitlement to withholding of removal.

Many nations suffer from recurrent episodes of civil strife; Uganda has been unfortunate in this respect. Though it has been stable for some time, the past may be prologue. Still, it is impossible on this record (or with reference to available published materials) to predict that a renewal of hostilities is imminent and that Kobugabe would be at particular risk should country conditions deteriorate. The United States does not insure aliens against unrest or civil war in their homelands. See INS v. Elias-Zacarias, 502 U.S. 478, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). The agency did not abuse its discretion or commit any clear error in holding that Kobu-gabe is not entitled to withholding of removal.

The petition for review is denied.