BIA Finds That DHS Can Prove Firm Resettlement Through Indirect Evidence

Matter of A-G-G-, 25 I&N Dec. 486 (BIA 2011) Interim Decision #3713: In the case, a man from Mauritania fled to Senegal fearing persecution in his homeland. He lived eight years in Senegal and married a Senegalese woman prior to coming to the United States. The IJ granted asylum, finding that DHS had not proven firm resettlement. The government appealed. The BIA remanded the case back to the IJ to re-evaluate the firm resettlement issue. The BIA ruled that when direct evidence of firm resettlement is unavailable, indirect evidence may be used if it has a sufficient level of clarity and force to establish that the alien is able to permanently reside in the country. The decision is quite long, extensive, and will likely impact future firm resettlement cases. To get a copy click here  EQ