Murugan v. United States Attorney General, No. 19-13715 (11th Cir. 2021)
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Murugan, a member of Sri Lanka’s Tamil minority, claims that he left Sri Lanka and entered the U.S. without authorization because of incidents involving the Sri Lankan Army. One incident involved overnight detention and questioning. Another incident, involving four days of detention and interrogation while tied to a chair included kicking and slapping. After his release, Murugan was hospitalized and attended mental health counseling. Murugan did not report his arrest to the police or any other government authority. Finally, soldiers came to Murugan’s home, arrested him, and threatened to take him to an army torture camp. After six hours of detention, Murugan was released. Murugan’s parents told him that his life was in danger and that people who had been previously arrested with him had been re-arrested and sent to the torture camp.
In removal proceedings, Murugan applied for asylum, withholding of removal, and Convention Against Torture relief. He alleged past persecution and well-founded fear of future persecution based on an imputed political opinion and membership in the particular social groups of Tamils and returned asylum seekers. He testified that he feared he would be arrested at the airport, tortured, and killed. The IJ and BIA rejected his claims. The Eleventh Circuit denied a petition for relief, noting that Murugan had not exhausted some of his arguments before the BIA and that the agency applied the correct legal standards. The factual findings are supported by substantial evidence.
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