Immigration – asylum — Belarus

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U.S. Court of Appeals for the 7th Circuit

Civil

Immigration – asylum — Belarus

Where an asylum applicant is a leader of Malady Front in Belarus, the immigration judge erred in finding that she would not be persecuted for her political beliefs if removed.

“The Board, however, concluded that the officers’ more lenient treatment of Sobaleva’s companions negated the possibility that her politics played a role in motivating the attack. We do not follow that reasoning. Sobaleva became the most vocal and resistant member of the group when her passport was not returned as it would have been during a routine stop. She also had been arrested and detained fairly recently. Both facts are consistent with the officers being motivated by her political opposition to the regime. The fact that the officers were content to give her a concussion without arresting her at the time does not suggest, as the Board reasoned, a non-political motive.” Petition Granted.

13-3651 Sobaleva v. Holder

Petition for Review of a Decision of the Board of Immigration Appeals, Hamilton, J.