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Keywords

appealmotionasylumvisadeportationnaturalization
appealmotionasylumvisadeportationnaturalization

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Makonnen v. Immigration and Naturalization Service

Facts

Elizabeth Makonnen, an Ethiopian national and member of the Oromo Liberation Front (OLF), entered the United States on a non-immigrant student visa. After admitting to deportability due to unauthorized employment, she requested asylum, fearing persecution for her political activities against the former Marxist government of Ethiopia. The Immigration Judge denied her asylum request, citing a lack of evidence of a well-founded fear of persecution, and granted voluntary deportation instead. Makonnen appealed, arguing that the Board of Immigration Appeals erred in its decision.

Elizabeth Makonnen, an Ethiopian national and member of the Oromo Liberation Front (OLF), entered the United States on a non-immigrant student visa. After admitting to deportability due to unauthorized employment, she requested asylum, fearing persecution for her political activities against the former Marxist government of Ethiopia.

Issue

Did the Board of Immigration Appeals err in denying Makonnen's asylum application and her motion to remand for consideration of additional evidence?

Did the Board of Immigration Appeals err in denying Makonnen's asylum application and her motion to remand for consideration of additional evidence?

Rule

An applicant for asylum must establish a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, and the standard for asylum is less stringent than that for withholding of deportation.

An applicant for asylum must establish a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, and the standard for asylum is less stringent than that for withholding of deportation.

Analysis

The court found that the Board of Immigration Appeals incorrectly required Makonnen to show that all members of her ethnic group were being persecuted, rather than considering her individual circumstances and the possibility of non-pattern-and-practice persecution. The court noted that the Board failed to adequately assess the evidence of Makonnen's political activities and the risks associated with her membership in the OLF, which could establish a well-founded fear of persecution.

The court found that the Board of Immigration Appeals incorrectly required Makonnen to show that all members of her ethnic group were being persecuted, rather than considering her individual circumstances and the possibility of non-pattern-and-practice persecution.

Conclusion

The court granted the applicant's request for review of the Immigration and Naturalization Service's decision to deny her request for asylum, granted her motion to adduce additional evidence, and remanded the case to the appeals board for further consideration.

The court granted the applicant's request for review of the Immigration and Naturalization Service's decision to deny her request for asylum, granted her motion to adduce additional evidence, and remanded the case to the appeals board for further consideration.

Who won?

Elizabeth Makonnen prevailed in the case because the court found that the Board of Immigration Appeals had erred in its legal standards and failed to consider relevant evidence regarding her fear of persecution.

Elizabeth Makonnen prevailed in the case because the court found that the Board of Immigration Appeals had erred in its legal standards and failed to consider relevant evidence regarding her fear of persecution.

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