Immigration Law

CA4 on Asylum: Tairou v. Whitaker

Tairou v. Whitaker - "Mocktar Tairou (“Tairou”) petitions this Court to review a final removal order by the Board of Immigration Appeals (“BIA”) denying his asylum and withholding of removal application and ordering his removal to Benin. Tairou contends that the BIA erred in finding that he was not subjected to past persecution and that he lacked a well-founded fear of persecution were he to return to Benin. Our binding precedent explicitly holds that a threat of death constitutes persecution. Because Tairou experienced multiple death threats in Benin, we hold Tairou established that he was subjected to past persecution. We therefore grant the petition for review and remand to allow the BIA to consider whether, in light of Tairou’s demonstrated past persecution, he has a well-founded fear of future persecution."