CaribWorldNews, LOS ANGELES, CA, Fri. May 15, 2009: A Haitian migrant`s hope of asylum in the U.S. was revived recently after a San Francisco Court ruled that the Board of Immigration Appeals erred in its judgment.
The 9th Circuit of Appeals in San Francisco concluded that the BIA violated its own rules by engaging in fact finding, when it should have simply remanded or deferred to an immigration judge`s conclusions. An immigration judge had approved the asylum request thrice but it was thrown out by the BIA.
`The BIA improperly relied upon its own factual findings to conclude that Jean Yves Brezilien had not established a well-founded fear of future persecution, had not established that it is more likely than not that he will suffer persecution in Haiti, and that he could safely relocate within Haiti to avoid persecution,` wrote Judge Paez.
Brezilien had claimed he needed asylum since he fears persecution and torture because his father was the former bodyguard of ousted Haitian President Jean-Bertrand Aristide.
He fled Haiti to the United States in 1991, after insurgent soldiers allegedly killed his father the night before a bloody military coup that overthrew Aristide.