Can an asylum seeker claim past persecution of her husband on behalf of her?

MultiRegion, United States of America

The following excerpt is from Santos-Garcia v. Barr, 17-1560 NAC (2nd Cir. 2019):

to her husband is not past persecution of her. See Tao Jiang v. Gonzales, 500 F.3d 137, 141 (2d Cir. 2007) ("As a general principle, an asylum applicant cannot claim past persecution based solely on harm that was inflicted on a family member on account of that family member's political opinion or other protected characteristic.").

Other Questions


What is the definition of persecution and what is the effect of persecution on an asylum seeker? (MultiRegion, United States of America)
What is the burden of establishing a "fear of future persecution" for an asylum seeker who does not allege past persecution? (MultiRegion, United States of America)
What is the evidentiary test for an asylum seeker to prove that they are suffering from persecution? (MultiRegion, United States of America)
Does the US Immigration Agency err in denying an application for asylum because the applicant failed to demonstrate past persecution or well-founded fear of future persecution? (MultiRegion, United States of America)
What is the test for an asylum seeker to prove that they have suffered persecution? (MultiRegion, United States of America)
What is the test for an asylum seeker to prove that they are subject to persecution on the basis of their political opinion? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Does the burden determination on an asylum application or the firm finding of an asylum seeker's firm finding need to be considered dispositive? (MultiRegion, United States of America)
Can a claim for asylum be denied if the claim is based on a factual predicate based on the same factual predicate? (MultiRegion, United States of America)
If an applicant qualifies for asylum as a result of past persecution, does he have to prove a well-founded fear of future persecution? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.