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Keywords

attorneyappealwillasylumdeportationnaturalization
attorneyappealwillasylumdeportationnaturalization

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Lorisme v. Immigration and Naturalization Service

Facts

Petitioner Lorisme fled Haiti after being arrested by the Ton Ton Macoute for allegedly supporting the return of ousted President Aristide. After escaping to the United States, he applied for asylum and withholding of deportation, fearing retaliation if returned to Haiti. The immigration judge denied his application, citing a lack of evidence for past persecution and a well-founded fear of future persecution, which the Board of Immigration Appeals upheld.

Petitioner Lorisme fled Haiti after being arrested by the Ton Ton Macoute for allegedly supporting the return of ousted President Aristide. After escaping to the United States, he applied for asylum and withholding of deportation, fearing retaliation if returned to Haiti. The immigration judge denied his application, citing a lack of evidence for past persecution and a well-founded fear of future persecution, which the Board of Immigration Appeals upheld.

Issue

Whether reasonable, substantial and probative evidence supports the BIA's decision to uphold the IJ's order denying petitioner Lorisme's request for asylum for failure to establish a well-founded fear of persecution on account of political opinion.

The issue we discuss is whether reasonable, substantial and probative evidence supports the BIA's decision to uphold the IJ's order denying petitioner Lorisme's request for asylum for failure to establish a well-founded fear of persecution on account of political opinion.

Rule

The INA provides that the Attorney General may grant asylum to an alien if the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A) of Title 8. A 'refugee' is defined as a person who is unable or unwilling to return to their country due to a well-founded fear of persecution on account of political opinion.

The INA provides, in pertinent part, that 'the Attorney General may grant asylum to an alien `if the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A) of [Title 8].' 8 U.S.C. 1158(b)(1). As relevant to Lorisme, a 'refugee' is 'any person who is outside of any country of such person's nationality `and who is unable or unwilling to return to, and is unable or unwilling to avail himself `of the protection of, that country because of `a well-founded fear of persecution on account of `political opinionn' 8 U.S.C. 1101(a)(42)(A).

Analysis

The court applied the substantial evidence test to review the BIA's decision, concluding that the evidence presented by Lorisme did not sufficiently demonstrate a well-founded fear of future persecution. The court noted that while there was evidence of general strife in Haiti, there was no specific evidence indicating that the current government sought to harm Lorisme or that it was unable to protect him from potential threats.

The court applied the substantial evidence test to review the BIA's decision, concluding that the evidence presented by Lorisme did not sufficiently demonstrate a well-founded fear of future persecution. The court noted that while there was evidence of general strife in Haiti, there was no specific evidence indicating that the current government sought to harm Lorisme or that it was unable to protect him from potential threats.

Conclusion

The court affirmed the BIA's decision, denying Lorisme's petition for review and upholding the denial of his application for asylum and withholding of deportation.

The court affirmed the BIA's decision, denying Lorisme's petition for review and upholding the denial of his application for asylum and withholding of deportation.

Who won?

The Immigration and Naturalization Service prevailed in the case as the court upheld their decision to deny Lorisme's request for asylum, finding sufficient evidence to support the BIA's conclusions.

The Immigration and Naturalization Service prevailed in the case as the court upheld their decision to deny Lorisme's request for asylum, finding sufficient evidence to support the BIA's conclusions.

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