Saturday, August 06, 2005

Definition of persecution in asylum claims does not exist

In Sahi v. Gonzales, (7th Cir. July 25, 2005), the Seventh Circuit overturned the denial of an asylum claim because the immigration judge and BIA never explained why the type of danger that the asylum-seeker will face does not rise to the level of persecution. The Seventh Circuit noted that it is the BIA's responsibility to define persecution, but it has never done so.

True, persecution does not include conduct that is mere harassment, but the BIA has never explained where the boundary lies between persecution and harassment.

As a result, the Seventh Circuit overturned the denial of asylum and remanded it back to the BIA.


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