Matter of E-M-F-S-
BIA
29 I&N Dec. 379 (BIA 2026)
2026
Holding
Death threats alone rarely rise to the level of persecution and only do so if they are objectively credible and issued by a person or persons with the immediate ability to carry them out.
Practitioner Note
The standard for death threats as persecution is high: both objective credibility and immediacy of ability to act are required. Generalized or unspecific threats generally fall short.
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 Case law changes — confirm this decision has not been overruled, limited, or superseded.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.