Doe v. Att’y Gen. U.S.

#Asylum #Immigration #Persecution #Refugee
04/16/20- Appellant is a Ghanaian and came to the US illegally, fleeing his homeland after being outed as homosexual. Prior to fleeing, he escaped a mob attack led by his father in which he was beaten, doused with kerosene and threatened with beheading while someone in the mob brandished a cutlass. After escaping and making it to the US, he learned that his father is still looking for him and is intent on killing him. He applied for asylum, but the IJ denied the request and the BIA dismissed the appeal. On appeal from that ruling, the 3rd Circuit seemed to take to task the lower courts’ and the government’s positions, minimizing the attack. Relying on Chavarria v. Gonzales, 446 F.3d 508 (3d Cir. 2006) and Herrera-Reyes v. Att’y Gen. U.S., __ U.S. __ (3d Cir. Feb. 28, 2020), the Court found that Appellant suffered past persecution and thus benefitted from a rebuttable presumption of future persecution. The order of the BIA was vacated and the case remanded.