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Citations

  • 26 I. & N. Dec. 28

Syllabus

M-Z-M-R-, 26 I&N Dec. 28 (BIA 2012) ID 3769 (PDF) (1) In assessing an asylum applicant's ability to internally relocate, an Immigration Judge must determine whether the applicant could avoid future persecution by relocating to another part of the applicant's country of nationality and whether, under all the circumstances, it would be reasonable to expect the applicant to do so. (2) For an applicant to be able to internally relocate safely, there must be an area of the country where the circumstances are substantially better than those giving rise to a well-founded fear of persecution on the basis of the original claim. (3) If an applicant is able to internally relocate, an Immigration Judge should balance the factors identified at 8 C.F.R. § 1208.13(b)(3) (2012) in light of the applicable burden of proof to determine whether it would be reasonable under all the circumstances to expect the applicant to relocate.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • requiring the 17 government to show there is an area for safe relocation, but 18 concluding burden can be met by showing that conditions 19 outside of the home region “were not such that the applicant 20 would have a well-founded fear”
  • the proposed location “must present circumstances that are substantially better than those giving rise to a well-founded fear of persecution on the basis of the original claim” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

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Cites

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