An asylum bid from an Indian widow was revived by the Ninth Circuit. The widow stated her personal circumstances have changed and that the rules cannot be ‘rigidly’ applied. The widow reports receiving death threats from her deceased husband’s family and as such, the circumstances are out of her control.

The three-panel judge from the Ninth Circuit unanimously found that the Board of Immigration Appeals (BIA) was not accurate in their initial finding. The panel stated the death threats constituted a material change in personal circumstances, not country circumstances.

This is the latest filing by the widow to gain asylum. The Ninth Circuit stated several factors, including an increase in India concerning violence against women and widows, establish a ‘material changed circumstance’.

If you have questions about your asylum case or any immigration-related topic, contact us at ILBSG. We are here to help.

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