Parussimova v. Mukasey (9th Cir. 7/25/08)

O'SCANNLAIN Hawkins Selna (dct)

The 9th Cir. found that the Real ID Act overturned its prior asylum case law, requiring that a persecutor be motivated "at least in part" by one of the five protected grounds.  The new standard is higher:

A “central” reason is a reason of primary importance to the persecutors, one that is essential to their decision to act. See supra at 9243. In other words, a motive is a “central reason” if the persecutor would not have harmed the applicant if such motive did not exist. As noted above, persecution may be caused by more than one central reason, and an asylum applicant need not prove which reason was dominant. Nevertheless, to demonstrate that a protected ground was “at least one central reason” for persecution, an applicant must prove that such ground was a cause of the persecutors’ acts.

The Court found that the utterance of a racial slur, standing alone, was not enough to show that her race was a cause of the attempted rape.

Read Opinion Here: 

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.