Kyle Lydell Canty, an American citizen, was denied refugee status by Canada based upon his fears of U.S. police violence against him because he is black. He was denied asylum in December 2015, and has since moved back to the U.S.
Canty told Vice News that he went to Vancouver, British Columbia, Canada, in September 2015 on a picture-taking trip, and decided to apply for refugee status.
Canty told Canada's Immigration and Refugee Board hearing in October that black people are "being exterminated at an alarming rate" by police in the U.S., and showed videos of himself and other people allegedly being harassed by law enforcement.
Canty also presented his claims of false arrest and extortion by police. He cited news reports about police violence in the U.S., and a United Nations handbook about refugee status.
Canty said he faces charges for jaywalking, trespassing, threats and intimidation, and disorderly conduct in the U.S., but denied all the charges.
The refugee board's Ron Yamauchi wrote in his ruling: "I find that the claimant is not a Convention refugee in that he does not have a well-founded fear of persecution for a Convention ground in the United States of America," reports CBC News.
"His removal to the United States of America would not subject him personally to a risk to his life or to a risk of cruel and unusual treatment or punishment," Yamauchi added.
Yamauchi did concede that Canty's evidence showed that black people in the U.S. are "stopped and questioned by police at the highest rate compared to other racial groups," but added that Canty was claiming persecution by the police "which is treatment that is worse than harassment."
Yamauchi wrote that Canty had not personally experienced police encounters that "resulted in assault, excessive detention or lack of due process."
In response, Canty wrote in an email to Vice News: "All of this is political and has nothing to do with refugee law."
"I was planning on appealing the case until I found out what was really going on with the Canadian government (Syria) everything is not what it seems lol," Canty added.
Canty intends to try again in three years, and told the news site: "This time I will pick America's Enemies, I still hate America just like I wrote and said."