De Carvalho-Frois v. Holder, No. 11-1214 (1st Cir. 2012)Annotate this Case
Petitioner, a Brazilian national, entered the U.S. illegally in 2006 and was apprehended by DHS, which initiated removal proceedings, 8 U.S.C. 1182(a)(7)(A)(i)(I). Sh conceded removability and sought asylum and other relief, alleging that she had seen two men fleeing from the scene of a neighbor's murder and was subsequently threatened. She indicated that the police in Brazil are corrupt and often allow criminals to kill witnesses. The IJ deemed the evidence insufficient, finding that her fear was unconnected to any statutorily protected ground and that she did not establish that the Brazilian government was either unable or unwilling to protect her. The BIA agreed. The First Circuit denied review. Petitioner chose to premise both her claim of past persecution and her claim of fear of future persecution on her membership in a group that lacks the requisite social visibility.