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U.S. Court of Appeals for the Sixth Circuit2022

Rodriguez de Palucho v. Garland

49 F.4th 532 (6th Cir. 2022)

Status: Review current treatment

Summary

A Sixth Circuit decision examining whether evidence of gang violence and government conduct established the required connection to state action through governmental inability or unwillingness to protect; affirms the BIA's underlying decisions.

Holding

In an asylum claim based on violence by private actors, the applicant must establish that the government is unable or unwilling to control the persecutors; the court rejected the claim on the record before it.

Topics: asylum, private-actor persecution, government protection, gang violence

Related terms: asylum, persecution, particular social group

Notes

Circuit-specific. The case does not establish that a government must have advance knowledge of every threat before an asylum claim can succeed.

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