The Board of Immigration Appeals (BIA) ruled in favor of an immigration judge (IJ)’s asylum denial. Proceedings in immigration court showed the plaintiff lived in India without incident for five years. The IJ explained firm resettlement in another country disqualifies an individual for asylum under U.S. law.

A native of Nepal, the plaintiff experienced political persecution before fleeing to India in 2011. She lived in India for five years before hearing that her attackers threatened her family members. She fled to the U.S. afterwards, fearing reprisal.

The IJ concluded that the respondent suffered past persecution due to her political beliefs. Political persecution usually qualifies an individual for asylum under U.S. law. However, the IJ explained that the plaintiff didn’t qualify due to their resettlement in India. The IJ granted the plaintiff relief from removal.

In response, the plaintiff appealed to the BIA. She explained that the government of India made no effort to aid in her resettlement, which technically still qualified her for asylum. The Board concluded there was sufficient indirect evidence of the Indian government supporting her resettlement. This included:

• Treaties between the governments of India and Nepal allowing residents to cross the border without visas.
• No incidents of the plaintiff being directly persecuted for her political beliefs after arriving in India.

The Board explained that firm resettlement doesn’t include a pathway to legal residency or citizenship. Therefore, the IJ properly found the plaintiff was firmly resettled and didn’t qualify for asylum.

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