Fourth Circuit reverses BIA

THE FOURTH CIRCUIT COURT OF APPEALS RULED THAT IT IS ENTIRELY PLAUSIBLE THAT A DICTATORIAL GOVERNMENT WILL PERSECUTE PEOPLE WHO HAVE ENGAGED IN OPPOSTION ACTIVITIES WHILE ABROAD.

Ms. Amenu, a citizen of Ethiopia, arrived in the United States in 1988. Seven years later, she joined an opposition group, and began to protest against her government in front of her Embassy. Between 1995 and 2007, she protested about 15 times.

An activist named Ms. Woldegiorgis submitted an affidavit, opining that the government of Ethiopia monitored demonstrations, and that therefore the government was aware of Ms. Amenu’s activities, and would punish her upon her return to her country. The Immigration Judge and the BIA rejected the claims of Ms. Amenu, in part because she was not a “leader,” and because her activities were “very minimal.”

The Fourth Circuit, however, reversed and remanded the case:
Amenu v. Holder, 2011 WL 231 3204 [4th Cir. June 13,2011].

The Fourth Circuit ruled that an asylum applicant need not be a “leader” to attract the attention of the government; even mere supporters and
sympathizers have been killed. Id. at *9.

The Fourth Circuit also stated that “we are unwilling to accept” the proposition that government “will persecute only those who have engaged in opposition activities within the geographical bounds of Ethiopia.” Id.

There is “no evidentiary support for this premise.” Id.

“Put simply, there is nothing implausible about the idea that the [government of Ethiopia] will persecute, on their return to Ethiopia, individuals who have engaged in opposition activities while abroad.” Id. [internal punctuation omitted].