Summary
This First Circuit opinion reviews a Board of Immigration Appeals decision denying an asylum application filed by a Brazilian national who alleged past domestic violence persecution. The court applies the substantial-evidence standard and affirms the agency's finding that the petitioner failed to establish the required nexus between her harm and membership in a particular social group, concluding the abuse stemmed from personal relationship issues rather than protected grounds. Consequently, the petition for review is denied.
Topics
Practice areas
Questions Presented
- Whether the BIA erred in concluding that the petitioner failed to establish a nexus between past persecution and a protected ground.
- Whether the BIA's factual findings were supported by substantial evidence.
Holdings
- The petition for review is denied because the agency reasonably concluded the petitioner did not show the requisite nexus between the alleged social group and past or future harm.
Key quotations
“To be eligible for asylum, the applicant must show that she is unwilling or unable to return to her 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.” (at 3)
“[P]ersonal disputes are generally not enough to show the required nexus between past harm and a protected ground.” (at 4)
Factual background
Franciele dos Reis Olimpio Alves, a Brazilian citizen, entered the United States in 2021, was placed in removal proceedings, and alleged past abuse by an ex‑partner. She sought asylum, withholding of removal, and protection under the Convention Against Torture, asserting membership in the social group “Brazilian women who are victims of domestic violence.” The Immigration Judge denied relief, finding no nexus to a protected ground; the BIA affirmed that finding.
Procedural history
The Immigration Judge denied the petitioner's asylum claim; the Board of Immigration Appeals affirmed; the petitioners filed a petition for review in the First Circuit.