Political Opinion

Cases — Political Opinion

Thomas v. Gonzales
9th Cir.en banc

409 F.3d 1177 (9th Cir. 2005) (en banc) · 2005

Persecution of a family member can be 'on account of' the applicant's imputed political opinion even when the applicant personally holds no such opinion; affirmed asylum for family members of a political figure.

En banc decision. Important for family-based political opinion claims.

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384 F.3d 743 (9th Cir. 2004) · 2004

Reversed denial of asylum where applicant, a Senegalese journalist, faced threats; government's desire to silence him reflected imputation of a political opinion regardless of whether he personally held that opinion.

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29 I&N Dec. 347 (BIA 2025) · 2025

Respondent did not establish a well-founded fear based on a pretextual summons for political activity where a similar summons did not result in harm to his son and the respondent lived for years in Moldova without harm following the summons.

Illustrates that country conditions evidence combined with the applicant's own uneventful prior experience can undercut the objective component of well-founded fear.

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29 I&N Dec. 570 (BIA 2026) · 2026

(1) Disapproval of or opposition to criminal gangs is not sufficient to establish a political opinion under the INA. (2) To establish a political opinion, an alien must have an actual or imputed belief or conviction regarding a discrete cause tied to a government of a country, including a de facto government.

Anti-gang sentiment, without a nexus to governmental authority, does not constitute a political opinion for asylum purposes. The political opinion ground requires a political belief, not mere personal opposition to criminals.

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29 I&N Dec. 739 (BIA 2026) · 2026

(1) Conscription does not serve as a standalone basis for asylum absent a nexus to a protected ground. (2) Conscription requiring an alien to engage in internationally condemned inhuman conduct constitutes persecution only when tethered to a protected ground. (3) International condemnation of Russian military actions is insufficient; the respondent must show he himself would necessarily be required to engage in inhuman conduct on account of a protected ground.

Directly addresses Russian military conscription claims. Conscientious objection to military service requires nexus to political opinion or another protected ground — generalized objection to war crimes is not enough.

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All Cases in This Section (6)

CaseCourt
Thomas v. Gonzales9th Cir.
Ndom v. Ashcroft9th Cir.
Henriquez-Rivas v. Holder9th Cir.
Matter of N-P-A-BIA
Matter of D-G-E-A- & N-G-G-E-BIA
Matter of R-A-N-BIA