Rodriguez Bedoya v. Barr, No. 19-1930 (4th Cir. 2020)Annotate this Case
The Fourth Circuit granted the petition for review of the BIA's final order of removal, holding that petitioner and his family sufficiently established persecution based on threats of death and harm by the Revolutionary Armed Forces of Colombia, commonly known as FARC. Petitioner was a Colombian police officer who investigated FARC rebels.
The court held that the BIA's determination that petitioner had not suffered past persecution was manifestly contrary to the law and constituted an abuse of discretion. In this case, petitioner had received multiple threats of death and harm to himself and his family from FARC. Furthermore, when an asylum applicant, such as petitioner, establishes that he has suffered past persecution, he is presumed to have a well-founded fear of future persecution. Because the BIA failed to apply this presumption, the BIA must reconsider the asylum application and apply the proper presumption. The court remanded for further proceedings.