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Keywords

testimonyasylumdeportation
asylum

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Melkonian v. Ashcroft

Facts

Arout Melkonian lived in Abkhazia, Georgia, until he fled to Russia in 1992 to escape kidnapping by ethnic Abkhaz Separatists. He entered the United States illegally in 1994 and applied for asylum and withholding of deportation. The IJ denied his application, stating that Melkonian could have relocated within Georgia without facing persecution. However, Melkonian's testimony indicated that he fled due to a well-founded fear of being kidnapped and killed by the Separatists, who were targeting Armenian men for conscription into their military forces.

Arout Melkonian lived in Abkhazia, Georgia, until he fled to Russia in 1992 to escape kidnapping by ethnic Abkhaz Separatists.

Issue

Did the IJ err in denying Melkonian's application for asylum based on a misinterpretation of the law regarding his fear of persecution and the possibility of internal relocation within Georgia?

Did the IJ err in denying Melkonian's application for asylum based on a misinterpretation of the law regarding his fear of persecution and the possibility of internal relocation within Georgia?

Rule

To establish eligibility for asylum, an applicant must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The fear must be both subjectively genuine and objectively reasonable.

To establish eligibility for asylum, an applicant must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Analysis

The Ninth Circuit found that the IJ misapplied the law by concluding that Melkonian's motivations for leaving Abkhazia included economic improvement, which did not support his asylum claim. The court emphasized that Melkonian's fear of persecution was based on credible testimony regarding the threats he faced from the Separatists, which were linked to his ethnicity and religion. The court also noted that the IJ's assertion that Melkonian could relocate within Georgia was flawed, as it did not consider the unreasonableness of such relocation given the ongoing ethnic cleansing in the region.

The Ninth Circuit found that the IJ misapplied the law by concluding that Melkonian's motivations for leaving Abkhazia included economic improvement, which did not support his asylum claim.

Conclusion

The Ninth Circuit affirmed in part and reversed in part the BIA's judgment, remanding the case for the BIA to determine whether it was reasonable to expect Melkonian to relocate to another region within Georgia.

The Ninth Circuit affirmed in part and reversed in part the BIA's judgment, remanding the case for the BIA to determine whether it was reasonable to expect Melkonian to relocate to another region within Georgia.

Who won?

Arout Melkonian prevailed in part, as the Ninth Circuit found that the IJ had erred in its assessment of his fear of persecution and the possibility of internal relocation.

Arout Melkonian prevailed in part, as the Ninth Circuit found that the IJ had erred in its assessment of his fear of persecution and the possibility of internal relocation.

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