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Successful BIA appeal in Somali asylum application

Case Conclusion Date: 01.12.2010

Practice Area: Immigration

Outcome: Won asylum case and appeal at BIA

Description: Somali refugee client fled his native Somalia after being persecuted on the basis of his minority tribe membership and because of his moderate religious views. The client suffered direct attacks and death threats from a majority clan, and his family suffered extreme forms of torture and attacks, including beatings and even death at the hands of their persecutors. We successfully established that our client had suffered past persecution and that he would likely be persecuted if removed to Somalia. The immigration judge granted asylum and withholding of removal, despite the government's argument that our client was not credible and had not suffered at the hands of the Hawiye and the extremist militia Al Shabaab. The government appealed the judge's decision. On appeal, we successfully argued that the immigration judge had not erred in granting our client's asylum application because he had presented credible testimony that established he had a reasonable fear of persecution if returned to Somalia. The Board of Immigration Appeals affirmed the immigration judge's decision and granted our appeal, sustaining our victory at the trial level.

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