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appealwillasylum

tortappealwillasylum

Related Cases

Tarubac v. Immigration and Naturalization Service

Facts

Rosario Cabanatan Tarubac, a citizen of the Philippines, applied for asylum, claiming a well-founded fear of persecution from the New People's Army (NPA) due to her political opposition to their communist ideology. After refusing to join the NPA and pay a revolutionary tax, she was kidnapped, beaten, and threatened with death. Despite moving to a different city, the NPA continued to pursue her, leading her to flee the country. Upon her return, she faced further threats from the NPA, prompting her to seek asylum in the United States.

Rosario Cabanatan Tarubac, a citizen and national of the Philippines, petitions for review of a decision by the Board of Immigration Appeals (BIA) dismissing her appeal from an Immigration Judge's denial of her application for asylum. Tarubac alleges that she has a well-founded fear that the New People's Army (NPA) will persecute her if she returns to the Philippines, and that such persecution will be on account of her political opposition to the NPA's communist cause.

Issue

Did the Board of Immigration Appeals err in denying Tarubac's application for asylum based on her claim of persecution due to her political opinion?

Rule

To be eligible for asylum, an applicant must show that they are unwilling or unable to return to their home country due to persecution or a well-founded fear of persecution on account of political opinion. Evidence of past persecution can establish eligibility for asylum, and if past persecution is shown, a legal presumption of a well-founded fear of future persecution arises.

To be eligible for asylum, an applicant must show that they are 'unwilling or unable' to return to their home country 'because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.' 8 U.S.C. 1101(a)(42)(A). Evidence of past persecution alone can establish eligibility for asylum.

Analysis

The court determined that Tarubac had suffered persecution due to her political opinion, as the NPA's extreme actions against her occurred only after she expressed her opposition to communism. The court noted that the BIA's conclusion that the persecution was nonpolitical was an error, as the presence of a nonpolitical motive does not negate the existence of a political motive. The court found that the NPA's actions were indeed motivated by her political stance, thus satisfying the requirements for asylum eligibility.

The BIA found that the 'attempted recruitment and financial demands inflicted upon [Tarubac] by the NPA are consistent with the nonpolitical end of gaining membership and extorting money.' In so finding, the BIA apparently treated the presence of a nonpolitical motive as evidence of the absence of a political motive. This was an error of law.

Conclusion

The court reversed the BIA's denial of Tarubac's asylum application, concluding that she had established a well-founded fear of future persecution based on her political opinion and was therefore eligible for asylum.

We conclude that Tarubac did suffer past persecution on account of her political opinion, and that her fear of future persecution is well-founded. She is therefore eligible for asylum.

Who won?

Tarubac prevailed in the case because the court found that she had established a well-founded fear of future persecution due to her political opinion, which the BIA failed to adequately rebut.

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