## Facts

- D-V-, a 27-year-old married Haitian woman, entered the United States in July 1992 and applied for asylum.
- She worked in a Haitian government office, supported Jean-Bertrand Aristide, and belonged to a pro-Aristide church group that supported the Aristide government.
- A coworker opposed to Aristide repeatedly threatened her; after Aristide’s fall, the coworker allegedly involved soldiers in threats against her and other group members.
- Soldiers came to her family home, asked for her by nickname, and gang-raped and severely beat her.
- During the attack, the soldiers stated they had killed other members of the pro-Aristide group and warned she would be next.
- The assault ended after her mother gave the soldiers a case containing American money; a doctor later told her the attack left her unable to bear children.
- An Immigration Judge found her testimony credible but denied asylum and withholding, concluding she was not a prominent Aristide supporter and had not shown sufficient future risk from the same attackers.

## Issues

1. Whether D-V- established refugee status by showing past persecution or a well-founded fear of persecution in Haiti on account of political opinion and religion for asylum.
2. Whether the record met the higher “more likely than not” standard for withholding of deportation based on a threatened life or freedom on account of a protected ground.
3. Whether the rape and beating were persecution “on account of” political opinion and religion rather than unconnected criminal violence.

## Decision

- The Board of Immigration Appeals sustained the appeal and reversed the denial of asylum and withholding of deportation.
- The Board held that D-V- established a well-founded fear of persecution in Haiti based on being targeted by soldiers due to her political opinion and religion.
- The Board rejected the Immigration Judge’s approach that effectively required political prominence or proof the identical attackers would reappear to establish future risk.

## Legal Principles

- Asylum requires proof of refugee status: past persecution or a well-founded fear of persecution on account of a protected ground; even if eligibility is shown, asylum remains discretionary.
- Withholding of deportation requires a higher showing that it is more likely than not the applicant’s life or freedom would be threatened on account of a protected ground; if met and not barred, withholding is mandatory.
- Severe sexual violence and physical assault by state actors can constitute persecution, including where the harm is gendered.
- Nexus is satisfied where the evidence shows the applicant was targeted because of political opinion and/or religion, including targeting tied to membership and activity in an identified political or religious group.

## Conclusion

The Board held that gang rape and severe beating by soldiers, directed at a pro-Aristide church activist and accompanied by threats tied to violence against similarly situated group members, constituted persecution with a political and religious nexus sufficient to establish a well-founded fear and to warrant asylum and withholding.


In re D-V-, 21 I. & N. Dec. 77 (B.I.A. 1993)