H

Citations

• 21 I. & N. Dec. 337

Syllabus

H-, 21 I&N Dec. 337 (BIA 1996) ID 3276 (PDF) (1) Membership in a clan can constitute membership in a \particular social group\ within the meaning of section 208(a) of the Immigration & Nationality Act, 8 U.S.C. § 1158(a)(1994) the Marehan subclan of Somalia, the members of which share ties of kinship and linguistic commonalities, is such a \particular social group.\ (2) While interclan violence may arise during the course of civil strife, such circumstances do not preclude the possibility that harm inflicted during the course of such strife may constitute persecution within the meaning of section 208(a) of the Act and, persecution may occur irrespective of whether or not a national government exists. (3) An alien who has demonstrated past persecution is presumed to have a well-founded fear of future persecution unless it is demonstrated by a preponderance of the evidence that, since the time the persecution occurred, conditions in the applicant's country have changed to such an extent that the applicant no longer has a well-founded fear of persecution in that country. (4) In the consideration of whether a favorable exercise of discretion should be afforded an applicant who has established eligibility for asylum on the basis of past persecution, careful attention should be given to compelling, humanitarian considerations that would be involved if the refugee were to be forced to return to a country where he or she was persecuted in the past.