Feras Jabr v. Eric Holder, Jr.
711 F.3d 835
| 7th Cir. | 2013Background
- PIJ, a designated terrorist organization, sought to recruit Jabr for two years; he refused due to his Fatah affiliation and opposition to PIJ.
- PIJ harassed, threatened, and beat Jabr; at one point gunfire was directed at his car and he was hospitalized.
- Jabr fled the West Bank for the United States and filed asylum, withholding of removal, and CAT relief requests within a year of arrival.
- The IJ denied relief, finding no persecution on account of political opinion, religion, or membership in a particular social group; the BIA affirmed.
- Jabr and his mother testified credibly about PIJ’s past threats and the illegitimate targeting tied to his political stance.
- The Seventh Circuit granted the petition for review, reversed, and remanded for further proceedings, finding material evidence of past persecution on account of political opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jabr showed past persecution on account of a protected ground | Jabr's resistance to PIJ due to opposition to their political view | PIJ harassed him for recruitment, not political motives | Yes; sufficient evidence linked persecution to political opinion |
| Whether PIJ’s letter and beating establish motive | Letter shows explicit targeting for political opposition | Targeting was for recruitment, not politics | Yes; record links political opposition to perseguation via letter and attack |
| Whether the proper standard of review supports reversal | IJ/BIA misapplied standards, ignored credible evidence | Review limited to substantial evidence interpretation | Yes; standard supports remand for proper evaluation |
| Whether Elias-Zacarias controls recruitment-based persecution analysis | Recruitment-based persecution can be on account of political beliefs | Elias-Zacarias precludes persecution from forced recruitment | No; case distinguished; Martinez-Buendia controls here |
Key Cases Cited
- Martinez-Buendia v. Holder, 616 F.3d 711 (7th Cir. 2010) (political opposition can be the basis for persecution when later acts reflect that motive)
- INS v. Elias-Zacarias, 502 U.S. 478 (U.S. Supreme Court 1992) (recruitment intent not automatically persecution absent political motive)
- Hernandez-Baena v. Gonzales, 417 F.3d 720 (7th Cir. 2005) (relevance of political beliefs to persecution claims)
- Juarez v. Holder, 599 F.3d 560 (7th Cir. 2010) (supplemental review of IJ decision when Board relies on IJ)
- Chatta v. Mukasey, 523 F.3d 748 (7th Cir. 2008) (standard for asylum review: reasonable, substantial, probative evidence)
- Bueso-Avila v. Holder, 663 F.3d 934 (7th Cir. 2011) (necessity to show persecutor motive tied to protected ground)