Xia Chen, a citizen of China, claimed to have suffered persecution in China as a Christian, and to fear future persecution for having once harbored a friend who practices Falun Gong. Chen fled to United States without a valid entry document in 2005. She was interviewed and served with a Notice to Appear charging inadmissibility.
The lead respondent of this case was a citizen from Guatemala who had suffered extensive abuse in the hands of her husband. On many occasions, the lead respondent suffered from weekly beatings, burns from having paint thinner thrown on her, a broken nose, and rape.
Petitioner Luxun Chen, a native and citizen of China, entered the United States on May 20, 2006 without being inspected by an immigration officer. Afterwards, he was served with a notice to appear. Chen sought relief from removal by filing applications for asylum, withholding of removal, and protection under the Convention against Torture (CAT).
Nelson Maldonado-Castro and his wife Seyda Mejia-Almendarez were both Honduran nationals that suffered persecution from their own government. Nelson Maldonado-Castro uncovered a credible reasoning of governmental corruption within the Honduran military. Maldonado-Castro petitioned for asylum but his application was denied by the Immigration judge and the Board of Immigration Appeals (BIA) who affirmed the judge’s decision.
In order to be eligible for asylum, you must have suffered past persecution and/or have a well-founded fear of persecution. A well-founded fear of persecution means that you will suffer from persecution in your country should you be forced to return.
On May 11, 2005, the REAL ID Act made it more difficult for asylum seekers to obtain asylum in a couple ways. Here, we will discuss the heightened requirements of corroborating evidence for asylum cases.
It is possible for you to have an asylum claim from situations that happened after you left your country. You may become a refugee sur place because of situations from your country during your absence, or you take actions while outside of your country that subject you to persecution.