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Ndayshimiye v. Attorney General of the United States

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eBook details

  • Title: Ndayshimiye v. Attorney General of the United States
  • Author : United States Court of Appeals for the Eighth Circuit
  • Release Date : January 24, 2009
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 78 KB

Description

Rwandan citizens Jean Bosco Ndayshimiye and his wife Speciose Murekatete sought asylum in the United States in 2006, alleging that they had suffered persecution at the hands of Ndayshimiyes aunt in Rwanda. They now petition for review of the Board of Immigration Appeals ("BIA") decision rejecting their application for asylum. Petitioners asserted before the BIA that although their mistreatment was precipitated by a 2004 land dispute with Ndayshimiyes aunt, it was also caused by their status as recent immigrants to Rwanda from Burundi, where they had been born after their Rwandan parents fled there in the 1960s. Based on the fact that Ndayshimiye had a relatively peaceful relationship with his aunt for the eight years following Petitioners return to Rwanda in 1996, the BIA concluded that any persecution occurring after 2004 was motivated solely by the land dispute. Although the BIAs interpretation of the statutory standard for analyzing possible "mixed motives" persecution was partially in error, its rationale that petitioners Burundian background was at most incidental to other reasons for their persecution does support the Boards ultimate conclusion even under the corrected standard. Therefore, we will deny the petition.


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