Matter of F-B-A-

Summary

The Board of Immigration Appeals granted the respondent’s motion to reconsider but again sustained the Department of Homeland Security’s appeal. The Board held that the respondent had not shown that Russian authorities would be unable or unwilling to protect her from family-based religious persecution or that internal relocation within Russia was unreasonable. It also denied protection under the Convention Against Torture and ordered the respondent removed to Russia.

Holdings

1. The unique barriers to reporting harm faced by children do not apply to adults, including adults who suffered harm as children.
2. The respondent failed to establish that the Russian Government was unable or unwilling to protect her from persecution by her family.
3. The Immigration Judge clearly erred in finding that the respondent could not reasonably relocate within Russia to avoid persecution.
4. The respondent was ineligible for asylum because she failed to establish that the Russian Government was unable or unwilling to protect her and that internal relocation would be unreasonable. She therefore also failed to establish eligibility for withholding of removal.
5. The respondent failed to establish that it was more likely than not that she would be tortured in Russia by, at the instigation of, or with the consent or acquiescence of a public official.

Questions Presented

1. Whether the respondent established that the Russian Government was unable or unwilling to protect her from persecution by private family members.
2. Whether the respondent established that internal relocation within Russia would be unreasonable or unavailable.
3. Whether the respondent was eligible for withholding of removal after failing to establish asylum eligibility.
4. Whether the respondent established eligibility for protection under the Convention Against Torture.

Disposition

vacated