Political Opinion
Subtopics
Cases — Political Opinion
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.
Find full text384 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.
Find full text29 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.
Find full text29 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.
Find full text29 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.
Find full textAll Cases in This Section (6)
| Case | Court |
|---|---|
| Thomas v. Gonzales | 9th Cir. |
| Ndom v. Ashcroft | 9th Cir. |
| Henriquez-Rivas v. Holder | 9th Cir. |
| Matter of N-P-A- | BIA |
| Matter of D-G-E-A- & N-G-G-E- | BIA |
| Matter of R-A-N- | BIA |