The Third Circuit has determined that an asylum seeker is not required to “shelter in place” until he is arrested by a repressive regime, nor is he required to present evidence of physical harm, to establish a well-founded fear of future persecution. “As we have stressed, but apparently must emphasize yet again, we have never required someone to actually subject themself to physical harm or arrest before finding that his or her fear of returning to a country is reasonable. Merely stating such an absurdity demonstrates how illogical and impractical such a requirement would be. The contrary proposition (which the BIA relied upon here) is so unreasonable that it should have been self-evident to any neutral tribunal.” The court also reminded the BIA that remaining in hiding is not the same as safely relocating within a country. Finally, the court concluded that there is a pattern or practice of persecution of political opponents in the Democratic Republic of the Congo.
The full text of Nsimba v. Attorney General can be found here: