An asylum bid has been denied in the appellate court, with the Sixth Circuit stating the U.S. Board of Immigration Appeals (BIA) correctly found the applicants did not provide sufficient proof of their home country’s government protection capabilities. The question of the home country’s ability to limit dangerous gang activity is at the heart of the issue. The appellate court found that the BIA ruling, as long as it has a good basis of evidence, is to be upheld.

The individuals filing the appeal point to a United Nations and U.S. State Department report that outline the conditions in their home country, pointing to instances where the government protection efforts are not able to control the aggressive gangs. As such, the individuals seeking asylum claim they are not safe in returning to their home country. The basis for asylum includes providing proof of persecution by their home country’s government or a threat the government is unable, or perhaps unwilling, to control.

The BIA found their home government continues to aggressively pursue the control of these gangs through periodic raids. In addition, the individuals did not report death threats or imminent danger to their local police. While the circuit board stated the evidence as to their protection is mixed, the appellate court must defer to the BIA’s fact-finding efforts, unless those are proven to be inadequate.

In one dissenting opinion from the circuit court, the fact that the individuals did not report gang activity to their local police reflects the concern over retaliation, putting them at further risk. And that while their home country’s government is making efforts to control the gangs, the proof was not given that the efforts are effective and provide safety.

If you have questions about your asylum matter or any other immigration-related issue, contact us at ILSBG. We put our extensive experience to work to ensure you get the right advice for your specific situation.

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