De Novo Review for Asylum at the Circuit Court Level: Comparing a Stringent Standard of Review for Asylum Seekers in the U.S. to the European Court of Human Rights’ Standard

Authors

Dani GómezFollow

Abstract

On March 14, 2022, an immigration judge (IJ) denied the asylum applications of Douglas Humberto Urias-Orellana, Sayra Iliana Gamez-Mejia, and their child, ordering them removed to El Salvador. Urias-Orellana and his family had been placed in removal proceedings with

the Executive Office of Immigration Review (EOIR) and filed applications for asylum.  At the individual merits hearing, the IJ ruled that the threats were “insufficiently menacing” to constitute persecution. The Board of Immigration Appeals (BIA) affirmed. On further appeal, the First Circuit denied review, holding that courts may not re-evaluate the conclusions drawn from the factual findings de novo unless “any reasonable adjudicator would be compelled to conclude” that the BIA had erred.