Tomas-Ramos v. Garland

Holding that for cases involving withholding or CAT relief, an Immigration Judge’s decision upholding an adverse reasonable fear finding is subject to “substantial evidence” rather than “a facially legitimate and bona fide reason” standard of review. The Court also highlighted that familial relationships qualify as a protected ground for withholding purposes. In addition, the possibility of relocation is only one of several non-exhaustive factors to consider for reasonable fear interviews. Accordingly, upon review before an IJ, the Government bears the burden of proving by a preponderance of the evidence that this relocation is possible.

Date of Decision
Published