Oryakhil v. Mukasey (7th Cir. 6/17/08)
KANNE Sykes Tinder
Where an Afghan army member was found to have a fear of future persecution by the Taliban, the IJ denied asylum on grounds that he should have tried to internally relocate. The 7th Cir reversed, finding no grounds to believe that internal relocation was possible (and if not possible, he should not be punished for not seeking it) - it noted that what was possible in 1992 is not substantial evidence of what is possible today, and that relocation through the army would not be likely to keep him safe. Further, the Court of Appeals found that any relocation, even if it were possible, would not be "reasonable" - particularly in light of the IJ's theory that he might be in danger, but not due to persecution. Also, the fact that relocation through the Army would place his family in greater danger was another reason that relocation was not "reasonable" in this case.