In re D-V-
United States Board of Immigration Appeals
21 I. & N. Dec. 77 (1993)
- Written by Mary Katherine Cunningham, JD
Facts
In July 1992, D-V- (defendant) entered the United States from Haiti and applied for asylum, and the Immigration and Naturalization Service (INS) (plaintiff) began deportation proceeding before an immigration judge (IJ). During the deportation proceedings, D-V- testified that she worked for a government office and that she supported the former Haitian President Jean Bertrand Aristide. D-V- testified that she was also part of a religious group who provided financial support for the Aristide government by receiving money from the United States. D-V- testified that she quit her job when a coworker who opposed Aristide repeatedly threatened her. D-V- testified that when the Aristide government fell, her former co-worker called on soldiers to threaten her and other members of the pro-Aristide group. D-V- testified that the soldiers subsequently came to her family home and asked for D-V- by her nickname. D-V- testified that the soldiers raped her and severely beat her. D-V- testified that the soldiers told her that they had killed other members of the pro-Aristide group and that “she was next.” D-V- testified that the soldiers only left after her mother gave them a case with American money. D-V- testified that she later learned from a doctor that the incident had left her unable to bear children. The IJ found D-V- testified credibly but also found D-V- failed to demonstrate a well-founded fear of persecution. The IJ found the evidence did not show D-V- was a prominent supporter of Aristide and did not show that the same attackers would rape, beat, or kill D-V- if she returned to Haiti. D-V- appealed to the Board of Immigration Appeals, reasserting her application for asylum.
Rule of Law
Issue
Holding and Reasoning (Dunn, J.)
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