Case Details
- Status
- Published
- Procedural Posture
- BIA appeal; case remanded for reconsideration of asylum denial in light of withholding of removal grant and family unification factors
Related Laws
No specific laws identified for this ruling.
Outcome
BIA reversed and remanded case regarding forced abortion as persecution, establishing that threats of serious harm can constitute coercive persecution and that non-physical harms may amount to persecution under asylum law.
Excerpt
T-Z-, 24 I&N Dec. 163 (BIA 2007) ID 3564 (PDF) (1) An abortion is forced by threats of harm when a reasonable person would objectively view the threats for refusing the abortion to be genuine, and the threatened harm, if carried out, would rise to the level of persecution. (2) Nonphysical forms of harm, such as the deliberate imposition of severe economic disadvantage or the deprivation of liberty, food, housing, employment, or other essentials of life, may amount to persecution. (3) When an Immigration Judge denies asylum solely in the exercise of discretion and then grants withholding of removal, 8 C.F.R. § 1208.16(e) (2006) requires the Immigration Judge to reconsider the denial of asylum to take into account factors relevant to family unification.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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