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Administrative Law Keyed to Popper
Department of Homeland Security v. Thuraissigiam
Citation:
140 S. Ct. 1959 (2020)Facts
Vijayakumar Thuraissigiam, a Sri Lankan Tamil, crossed the U.S.-Mexico border without inspection in January 2017 and was apprehended 25 yards from the border. He was placed in expedited removal proceedings, where he claimed fear of returning to Sri Lanka because he had once been abducted and beaten by unknown men. An asylum officer found his account credible but determined he lacked a “credible fear of persecution” as defined by statute because he offered no evidence connecting the attack to a protected ground for asylum. This determination was affirmed by a supervising officer and an Immigration Judge. Thuraissigiam then filed a federal habeas petition, asserting for the first time that he feared persecution based on his Tamil ethnicity and political views, and arguing that immigration officials failed to follow proper procedures in his credible-fear interview.
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