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Keywords

settlementpleaasylum
settlementpleaasylum

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Salazar v. Ashcroft

Facts

The alien and his wife entered the United States as visitors for pleasure and overstayed. The alien sought asylum due to fears of persecution from the terrorist group Shining Path in Peru. He had previously lived in Venezuela, where he obtained a residency stamp on his passport, and the court found that he was firmly resettled there, which barred his asylum claim.

The alien and his wife, who was a native and citizen of Venezuela, entered the United States as visitors for pleasure and overstayed. The alien sought asylum on the grounds that he feared he would be in danger if he returned to Peru because of the terrorist group the Shining Path.

Issue

Whether the petitioner was eligible for asylum given the finding of firm resettlement in Venezuela.

Whether the petitioner was eligible for asylum given the finding of firm resettlement in Venezuela.

Rule

Firm resettlement in a third country is a mandatory bar to the granting of asylum, as established under 8 C.F.R. 208.15.

Firm resettlement in a third country is a mandatory bar to the granting of asylum.

Analysis

The court applied the rule of firm resettlement by examining the evidence of the Venezuelan residency stamp in the petitioner's passport and the fact that the Venezuelan government honored that stamp during the petitioner's return trips. The court found that the evidence supported the conclusion that the petitioner had established significant ties in Venezuela, which constituted firm resettlement.

The agency's determination that Salazar was 'firmly resettled' in Venezuela, and so ineligible for asylum in the United States, is supported by substantial evidence.

Conclusion

The court denied the petition for review, affirming the finding of firm resettlement, which barred the granting of asylum.

We must deny the petition for review because firm resettlement in a third country is a mandatory bar to the granting of asylum.

Who won?

The government prevailed in the case because the court upheld the finding of firm resettlement, which was supported by substantial evidence.

The government prevailed in the case because the court upheld the finding of firm resettlement, which was supported by substantial evidence.

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