Latest Case: Matumona v. Barr (Constitutional Law)

Man’s Best Captive

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers whether an explanation for the affection dogs express for their humans might be explained by the Stockholm Syndrome, the condition that afflicts many kidnapped people and other abuse victims in which they form an attachment, sometimes called a trauma bond, that manifests as seeking the abuser’s approval and craving closeness rather than trying to escape. Colb argues that even though pet owners might not intend abuse, the unpredictable repetition of house arrest and silent treatment, followed by intermittent returns, might amount to abuse in the minds of these animals we hold as pets.

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Matumona v. Barr

Docket: 18-9579

Opinion Date: December 30, 2019

Judge: Harris L. Hartz

Areas of Law: Constitutional Law, Government & Administrative Law, Immigration Law

Petitioner Adama Matumona was a native and citizen of the Democratic Republic of the Congo (DRC). He petitioned the Tenth Circuit Court of Appeals for review of a Board of Immigration Appeals (BIA) decision to deny his application for asylum and withholding of removal. Regarding asylum, Petitioner argued the BIA: (1) erred in determining that he had firmly resettled in Angola, which barred him from applying for asylum; and (2) engaged in improper factfinding in determining he was ineligible for an exception to the firm-resettlement bar. On withholding of removal, he argued the BIA improperly rejected his claims of past persecution and a well-founded fear of future persecution. Furthermore, Petitioner contended his due-process rights and his statutory right to a fair hearing were violated by the failure of the immigration judge (IJ) to adequately develop the record and to implement appropriate safeguards for a pro se litigant detained in a remote facility. After review, the Tenth Circuit affirmed on all issues except that the Court remanded to the BIA to consider Petitioner’s claim that he was entitled to withholding of removal because of the alleged pattern or practice of the DRC government of persecuting persons with Petitioner’s political views.