John Doe v. Eric Holder, Jr.
2013 U.S. App. LEXIS 23855
| 9th Cir. | 2013Background
- Doe, a Russian citizen born in Ulan-Ude (Buryat ethnicity), is homosexual and suffered past persecution by private actors in Russia.
- He experienced two violent attacks in 2002 and 2003, with police responses that did not effectively protect him.
- Doe moved to Moscow briefly, faced ethnic discrimination, and later relocated to the United States in 2003.
- The IJ and BIA concluded Doe failed to show the government was unable or unwilling to control persecutors and denied asylum, withholding, and CAT relief.
- The court grants review, remanding to determine if Russia’s circumstances have changed or if internal relocation within Russia is reasonable for Doe.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past persecution by nongovernmental actors and government inability to control them | Doe testified government unable/unwilling to stop attackers | Government not shown unable/unwilling to control attackers | Remand; BIA erred in finding no unable/unwilling government control |
| Necessity of government sponsorship of persecution | Sponsor not required for asylum based on past persecution | Sponsor not shown; need for government sponsorship asserted | Abstain from requiring government sponsorship; remand for proper analysis |
| Reasonableness of internal relocation within Russia | Relocation to Moscow/within Russia may be impractical due to discrimination | Relocation deemed possible; not properly analyzed | Remand to assess internal relocation under applicable factors |
| Effect of discrimination in Moscow on relocation/well-founded fear | Ethnic and sexual discrimination in Moscow supports fear/relocation problems | Evidence does not establish persecution or reasonable relocation | Remand to evaluate Moscow discrimination under relocation standard |
Key Cases Cited
- Avetova-Elisseva v. INS, 213 F.3d 1192 (9th Cir. 2000) (unwillingness or inability to control persecutors suffices regardless of motive)
- Mashiri v. Ashcroft, 383 F.3d 1112 (9th Cir. 2004) (government unable or unwilling to protect where investigations ineffective)
- Melkonian v. Ashcroft, 320 F.3d 1061 (9th Cir. 2003) (internal relocation considerations beyond persecution)
- Knezevic v. Ashcroft, 367 F.3d 1206 (9th Cir. 2004) (factors for reasonableness of internal relocation)
- Truong v. Holder, 613 F.3d 938 (9th Cir. 2010) (police reports alone insufficient to prove government inability to protect)
- Nahrvani v. Gonzales, 399 F.3d 1148 (9th Cir. 2005) (lack of specific suspect information may undermine protection claim)
- Deloso v. Ashcroft, 393 F.3d 858 (9th Cir. 2004) (presumption of well-founded fear upon established past persecution)
- Karouni v. Gonzales, 339 F.3d 1163 (9th Cir. 2005) (homosexuality as protected particular social group)
- Vitug v. Holder, 723 F.3d 1056 (9th Cir. 2013) (homosexuality protected ground; framework for past persecution)