Sobaleva v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-3651
Decision Date: 
July 24, 2014
Federal District: 
Petition for Review, Bd. of Immigration Appeals
Petition granted
Record failed to support Bd.’s denial of asylum application by alien (native of Belarus), where alien alleged that she endured persecution based on her political beliefs, where record showed that Belarus police assaulted alien on two occasions in which alien appeared at political rally against Belarus leader, and where police arrested her on one occasion. Both IJ and Bd. used wrong legal standard when evaluating instant application since they used “judicial” standard to determine whether evidence “compelled” finding of persecution, rather than making independent determination as to whether alien was actually subjected to persecution. Moreover, Bd. and IJ disregarded evidence suggesting that alien’s political activity was primary reason for police mistreatment of her.