Romeike v. Holder

718 F.3d 528 (2013)

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Romeike v. Holder

United States Court of Appeals for the Sixth Circuit
718 F.3d 528 (2013)

  • Written by Alexander Hager-DeMyer, JD

Facts

In 1938, Germany enacted a law requiring all children to attend public or state-approved private schools. Germany provided only a handful of exceptions in extraordinary circumstances, like a student’s inability to physically or mentally attend school or parents’ frequent relocations due to work. The Romeike family (plaintiffs) believed Germany’s public schools would turn their children against Christian values, so the family chose to homeschool their children. After multiple violations of the compulsory-attendance law and failure to pay the resulting fines, the Romeikes were prosecuted in court and assigned more fines. The Romeikes entered the United States through a visa program and applied for asylum, claiming that Germany’s enforcement of the attendance law constituted persecution. The immigration judge granted asylum, finding that the Romeikes had a well-founded fear of persecution due to their status as homeschoolers. The Board of Immigration Appeals (defendant) overturned the ruling, and the Romeikes appealed the decision to the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Sutton, J.)

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