A recent decision by the Ninth Circuit Court of Appeals reaffirms an immigration judge’s decision that asylum appeals must establish a sufficient nexus to harm. The decision reaffirms the idea that asylum seekers must establish sufficient proof of harm for their case’s acceptance. The decision is just one of multiple appeals court rulings offering guidance for status filings in the U.S. immigration system.

The Ninth Circuit Court’s decision reaffirmed the denial of the plaintiff’s request that the Board of Immigration Appeals (BIA) review the denial of their asylum application. The plaintiff, along with their tow sons, asserted they faced persecution by organized crime groups. The immigration judge initially reviewing their asylum application rebuked the claim, citing a lack proof towards a nexus of harm.

Nexus of harm is a label U.S. Citizenship and Immigration Services (USCIS) define as an understanding that an individual has well founded fear of persecution because of their race, religion, nationality, membership in a social group, or political opinion. Establishing a nexus of harm is an essential part of filing an asylum claim. The Ninth Circuit ruled the plaintiffs gave no evidence they were targeted based on one of the aforementioned factors. In rejecting the plaintiffs’ appeal, the Ninth Circuit firmly established that targeting by organized crime alone doesn’t establish a nexus of harm. Additionally, the Ninth Circuit ruled that the same standards apply for removal appeals.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.