The Fourth Circuit has rejected the government’s argument that a negative reasonable fear determination should be upheld based on a “facially legitimate and bona fide reason,” finding this standard applicable only to visa denials. Instead, the determination should be reviewed for substantial evidence. The court then found that the applicant established a nexus between his family relationship to his son and the harm he suffered.
The full text of Tomas-Ramos v. Garland can be found here: