4th Circ. Says Death Threat Is Persecution In Asylum Case 1 4th Circ. Says Death Threat Is Persecution In Asylum Case

4th Circ. Says Death Threat Is Persecution In Asylum Case

By Nicole Rosenthal (August 4, 2022, 5:09 PM EDT) — The Fourth Circuit gave a Salvadoran woman and her son a second chance at their asylum application, holding that an immigration judge didn’t give enough weight to her claim of death threats on the basis of religion.

A three-judge panel found that the immigration judge, followed by the Board of Immigration Appeals, imposed a higher burden on the asylum-seekers by concluding that the death threat did not amount to persecution since “the threat never came to fruition.”

“We have repeatedly said, ‘the “threat of death” qualifies as persecution,'” U.S. Circuit Judge Henry F. Floyd wrote on behalf of the panel Wednesday….