28 Feb 2020

CA3 on Past Persecution: Herrera-Reyes v. Barr

Herrera-Reyes v. Barr

"This case presents the question whether and under what circumstances threats of violence may contribute to a cumulative pattern of past persecution when not coupled with physical harm to the asylum-seeker or her family. We conclude the Immigration Judge and the Board of Immigration Appeals erred in holding that Petitioner Jeydi Herrera-Reyes— a Nicaraguan national who received death threats from members of the governing Sandinista Party after her home was burned down, a convoy in which she was traveling came under gunfire, and a political meeting she was organizing was robbed at gunpoint—had not suffered past persecution within the meaning of the asylum statute. We will therefore grant the petition for review and vacate and remand to the BIA."

[Hats off to Karen L. Hoffmann!]