3rd Circ. Says Physical Harm Not Necessary For Asylum Claim

Law360 (February 28, 2020, 8:10 PM EST) -- The Third Circuit revived a Nicaraguan woman's asylum petition on Friday, saying an immigration judge had erred in ruling that her claim couldn't go forward because she hadn't suffered physical harm during the course of her alleged past persecution.

The three-judge panel said in a precedential opinion that an immigration judge, and later the Board of Immigration Appeals, hadn't properly evaluated the situation described by Jeydi Herrera-Reyes, an activist who claimed she was persecuted for her work with the opposition Liberal Party in Nicaragua.

"We have never reduced our persecution analysis to a checklist or suggested that physical violence — or...

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