Wednesday, April 01, 2009

Carrera-Garrido (not precedential): IJ Must Apply Legal Rule That Only Required Reasonable Possibility Of Future Persecution

Carrera-Garrido v. Holder
Not precedential

Judges Ambro, Weis, and Van Antwerpen. Decision by Judge Ambro.

The IJ was Daniel Meisner.

To show objective reasonableness of fear of returning to one's country, you must show there is a reasonable possibility of suffering the feared persecution. IJ Meisner, however, never said that the standard was proof of a reasonable possibility. Instead, IJ Meisner said there was no nexus established and he did not establish that he would be killed. The IJ never appeared to apply the correct standard, apparently applying the wrong standard by requiring a nexus, not just a reasonable possibility. The Third Circuit overturned the BIA and IJ Meisner for further proceedings.


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