A recent decision by the Board of Immigration Appeals (BIA) concurred with an immigration judge’s (IJ) ruling on whether death threats count as persecution. Both the immigration judge and board explained death threats alone don’t count as a form of persecution, unless they’re objectively credible. Recipients don’t qualify for asylum via protection from persecution, unless they face real and present danger.
The respondent, a Peruvian national, served as host of a well-known news channel. After an interview with a former Peruvian president went wrong, the respondent and their family started getting death threats from the president’s supporters. The respondent left Peru with their family after reporting the threats to police.
The immigration judge explained that death threats alone don’t warrant persecution. Additionally, the respondent could’ve resettled elsewhere in Peru, not flee to the U.S. Given the available evidence, the respondent’s fear of persecution wasn’t objectively reasonable. Therefore, the respondent and their family didn’t qualify for asylum.
Appealing to the BIA, the respondent explained death threats counted as persecution per se. However, the board explained there simply wasn’t enough evidence that the threats were more than just threats. Neither the respondent nor the respondent’s family faced any physical danger.
Additionally, the Board explained the respondent didn’t qualify for removal relief due to the lack of evidence the Peruvian government willingly ignored their situation. The respondent wasn’t threatened after filing a police report about the death threats. Finally, the president whom the respondent interviewed was legally removed from office and imprisoned. Therefore, the respondent wouldn’t face immediate danger if removed.
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