NIJC - 1st Circuit Holds Potential Persecution to Child, Is Not Grounds For Parent To Seek Asylum

1st Circuit Holds Potential Persecution to Child, Is Not Grounds For Parent To Seek Asylum

Friday, 25 July 2008

Kechichian v. Mukasey (1st Cir. 7/23/08)

LYNCH, Selya, Howard

The First Circuit found that the BIA did not err as a matter of law or abuse its discretion in holding that Kechichian was not a member of a particular social group and denying a motion to reopen as new evidence presented by Kerchichian would not have entitled her to relief. The new evidence consisted of proof that Kerchichian’s son is not recognized as a citizen of Armenia as his father is not Armenian. The Court declined to recognize that potential persecution to Kerchichian’s son is not a sufficient ground through which Kerchichian herself could claim asylum or withholding of removal. While the Court recognized that the Sixth Circuit, in Abay v. Ashcroft, 368 F.3d 634 (6th Cir. 2004), had found that a mother would feared her daughter would be subject to genital mutilation was eligible for asylum, the Court considered Kerchichian’s case distinguishable and noted that the Sixth Circuit is not binding case law

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