These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
religion
The Eighth Circuit has determined that the terms of temporary members of the Board of Immigration Appeals (Board) can be renewed. The court also remanded a religion-based asylum claim, remanding for the Board to consider whether statements and actions by gang members demonstrated that the applicant’s evangelizing was one central reason for the harm he suffered.
The full text of Rivera v. Garland can be found here: https://media.ca8.uscourts.gov/opndir/24/07/232351P.pdf
The Fourth Circuit has remanded the denial of a religion-based asylum claim brought by a Pentecostal Christian. “Review of the record demonstrates that Chicas-Machado established that one central reason MS-13 chose to target her was her religion. Even the motive for the gang’s persecution that the BIA recognized — her use as a potential asset to the gang because ‘no one would suspect [her]’ given ]her activity and conduct with the church — was inextricably intertwined with her religion.”
The court also emphasized that an asylum applicant is not required to show that a persecutor intends to stop or hinder her religious practice. “There is no dispute over the fact that Chicas-Machado’s activities — spreading the word of God, acting as the church’s secretary, and telling young people to attend church — constitute religious practice. So the only disputed issue is whether, in targeting Chicas-Machado because of her religious activities and then threatening to murder her, MS-13 restricted or suppressed her ability to participate in these religious activities.”
The full text of Chicas-Machado v. Garland can be found here:
The Ninth Circuit has determined that a petitioner who was prohibited from attending his house church suffered past persecution. "By forbidding Petitioner from attending his home church, the Chinese police prevented him from practicing his faith and did so through coercive means. The harm Petitioner suffered was therefore ongoing and, under our asylum precedent, compelled a finding of past persecution." Specifically, the Court noted that "the police here actively ensured that Petitioner could not practice his faith, forcing him and fellow congregants to report to the police station weekly and threatening him with arrest for noncompliance."
The full text of Guo v. Sessions can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/30/15-70617.pdf
