In re D-V-

21 I. & N. Dec. 77 (1993)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

In re D-V-

United States Board of Immigration Appeals
21 I. & N. Dec. 77 (1993)

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership