Matter of A-H-D-
29 I&N Dec. 642 (BIA 2026)
2026
Holding
(1) A 3-day detention during which respondent was beaten once but did not sustain significant injury does not rise to the level of persecution. (2) A government's general deference to tribal mechanisms for resolving tribal conflict does not indicate the government is unable or unwilling to control persecutors within a tribe.
Practitioner Note
Harm severity threshold: a brief detention with a single, non-serious beating may not amount to persecution. Government tolerance of customary or tribal dispute resolution is not tantamount to complicity in persecution.
This summary describes what the tribunal held. Always verify the citation and read the full decision before relying on it. Case law changes — confirm this decision has not been overruled, limited, or superseded. Not legal advice.