Russell Abrutyn

Abrutyn Law PLLC

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Thursday, June 9, 2011

Forced statelessness can constitute persecution

Stserba v. Holder, No. 09-4312 (6th Cir. 2011) (published)

The court granted this petition for review and remanded to allow the BIA to consider whether (1) the ethnically motivated revocation of citizenship, resulting in statelessness, constitutes persecution, and (2) the refusal to recognize a medical degree constituted past persecution. On remand, the BIA is to consider their eligibility for humanitarian asylum and also for withholding of removal.

The Court reiterated that persecution is determined in the aggregate.

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