Immigration – asylum — Columbia

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United States Court of Appeals For the Seventh Circuit

Civil

Immigration – asylum — Columbia

Even though the Columbian government is at war with FARC, a property owner may be entitled to asylum after her relatives were kidnapped.

“[T]he Board concluded that N.L.A. could safely relocate in Colombia just as her sister had. The Board stated, ‘Although the respondent’s sister and her family apparently move and change their phone numbers often, and have registered their pharmacy under a third party’s name, the sister and her family routinely leave their home to work and attend school.’ (R. 8). This is quite an extensive ‘although.’ One need not be secreted in an attic behind a hidden bookcase to be living in hiding. As we explained above, moving frequently, changing phone numbers and living under an assumed identity is a horrible way to live and certainly constitutes living in hiding. It is an error of law to assume that an applicant cannot be entitled to asylum if she has demonstrated the ability to escape persecution only by chance or by trying to remain undetected. Giday v. Gonzales, 434 F.3d 543, 555 (7th Cir. 2006). N.L.A.’s sister has not demonstrated that she has safely relocated. The Board’s conclusion that N.L.A. could indeed relocate, which is based on what the Board views as her sister’s success, is not reasoned or logical.”

Petition Granted.

11-2706 N.L.A. v. Holder

Petition for Review of Orders of the Board of Immigration Appeals, Rovner, J.