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Hernandez-Avalos v. Lynch

United States Court of Appeals for the Fourth Circuit
784 F.3d 944 (2015)


Maydai Hernandez-Avalos and her minor son (plaintiffs) were El Salvadorian citizens living in El Salvador. Hernandez-Avalos fled to the United States (defendant) and filed a claim for asylum. Hernandez-Avalos testified that heavily armed gang members came to her home in El Salvador multiple times and threatened to kill her if she did not let her son join their gang. The immigration judge denied asylum. The Board of Immigration Appeals (BIA) affirmed, finding that the persecution in El Salvador was not on account of Hernandez-Avalos’s relationship with her son, but on her lack of willingness to allow her son to join the gang. Hernandez-Avalos filed a petition for review.

Rule of Law


Holding and Reasoning (Shedd, J.)

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