Immigration: Asylum: Political Opinion

To satisfy the nexus requirement for asylum and withholding of removal, it is not sufficient that the persecutor act from “a generalized ‘political’ motive. INS v. Elisa-Zaharias, 502 US 478 (1992). An alien must demonstrate that the persecutor harmed or may harm him “because of the alien’s political opinion or other protected trait. Id. at 483. An alien must provide some evidence, direct or circumstantial, that the persecutor’s motive to persecute arises from the alien’s political belief. Id. at 483.

Political opinion:

Not political opinion:

  • Resisting recruitment – INS v. Elisa-Zaharias, 502 US 478 (1992).
  • Whistleblowing on employer – Grava v. INS, 205 F.3d 1177, 1181
  • Whistleblowing on government: where the government persecution is on account of whistleblowing action and not the opinion held – In re N-M (I & N, 2011)