Tairou v. Whitaker, No. 17-1404 (4th Cir. 2018)Annotate this Case
Tairou was born in Benin in 1977. Although Tairou married a woman, he testified that in 2007, he “figured out [he] was a homosexual” and entered into a relationship with a man. Despite the general secrecy surrounding their relationship, the men were openly affectionate in front of Tairou’s cousin, who took pictures. Tairou was subsequently confronted by a group of approximately 40 men, including his uncles, cousins, ministers from the mosque, and other villagers. The crowd threatened and harassed him for five hours. In Tairou’s declaration attached to his asylum application, he asserted that several people said that he “should die,” and some "outright threatened to kill [him].” A week later, Tairou’s cousins forced their way into his home and beat him, threatening to “kill [him], to shame [him] publicly again,” and to harm his wife and children. Tairou’s son sustained head and arm injuries trying to protect his father. The Fourth Circuit remanded a removal order. The BIA erred in finding that Tairou was not subjected to past persecution. Binding precedent explicitly holds that a threat of death constitutes persecution. Tairou established that he was subjected to past persecution; the BIA must consider whether, in light of Tairou’s demonstrated past persecution, he has a well-founded fear of future persecution.