Sirbu v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-2320
Decision Date: 
May 20, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Aliens (Moldovan citizens) were entitled to remand for reconsideration of their asylum applications, alleging that they were victims of past persecution based on their anti-Communist political beliefs. Record showed that one alien had been arrested on several occasions and on one arrest he lost consciousness pursuant to beating, after he had participated in anti-Communist rally. Moreover, said incident could support finding that alien had experienced past persecution based on his political beliefs. Also, ALJ used wrong legal standard when denying application requests, after noting that facts in record did not compel finding that said aliens suffered past persecution. On remand, Bd. may also consider whether aliens’ fear of persecution is no-longer well-founded due to 2009 change in Moldovan govt.