Viewing entries tagged
imputed political opinion

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Fourth Circuit Remands Asylum Claim for Single Mother from Honduras

The Fourth Circuit has remanded a petition for review filed by a female asylum seeker who argued that she was targeted for persecution by the gangs in Honduras based on her status as a single mother. The court found that the gendered statements made by the gang members, as well as the threats made against the petitioner’s daughter, were sufficient to demonstrate that petitioner’s status as an unmarried mother was at least one central reason for the harm she suffered.

With respect to the petitioner’s proposed social group, the court did not decide whether the group was cognizable, but made several observations about the legal conclusions of the Immigration Judge. The court rejected the Immigration Judge’s conclusion that the proposed group was too large to be cognizable for asylum purposes.

Additionally, the petitioner asserted that she was persecuted on account of her imputed anti-gang political opinion. “When, as here, an applicant claims that she has been or will be persecuted on account of an imputed political belief, then the relevant inquiry is not the political views sincerely held or expressed by the victim, but rather the persecutor’s subjective perception of the victim’s views.” The court chided the Immigration Judge for focusing on whether the applicant was politically motivated when she refused the gang’s demands, but remanded for the agency to consider if the gang perceived her refusal as a political statement.

Finally, the court remanded for further analysis of the petitioner’s Convention Against Torture claim. A gang member threatened to rape, mutilate, and murder both the petitioner and her daughter if she did not pay him. The petitioner also testified that Barrio 18 members have continued to ask her family about her whereabouts since she fled. “That testimony alone could be sufficient to sustain her burden as to future mistreatment.” The fact that the testimony was corroborated by expert testimony only strengthened her claim.

The full text of Alvarez Lagos v. Barr can be found here:

http://www.ca4.uscourts.gov/Opinions/172291.P.pdf

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Ninth Circuit Addresses "Imputed Whistleblowing" as a Ground for Asylum

Hayk and Nadezhda Khudaverdyan applied for asylum from Armenia.  The Armenian military police detained, beat, and threatened Hayk after he was seen talking to a reporter following a personal confrontation with the city’s military police chief. The Board of Immigration Appeals (“BIA”) held that, because Hayk failed to prove that he intended to expose corruption when he talked to the reporter, he did not demonstrate that he was persecuted because of his actual political opinion.  The Ninth Circuit reversed, finding that the BIA failed to address evidence in the record that Hayk was persecuted on account of an imputed political opinion, that is, because military police officials thought that he was talking to the reporter in an attempt to expose government corruption

 The Ninth Circuit noted that Hayk testified credibly that the chief of the investigative department accused him of trying to “dishonor the military police” and accused him of espionage after he was seen talking to a reporter for a political opposition newspaper.  

The full text of Khudaverdyan v. Holder can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2015/02/27/10-73346.pdf

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