Marouf v. Lynch, No. 14-4136 (6th Cir. 2016)
Annotate this CaseNancy and Saed Marouf, and their daughter were stateless Christian Palestinians, living in the West Bank. Saed arrived in the U.S. in 2008. Nancy and Naheda arrived in 2009. The Maroufs now have two children who were born in the U.S. Nancy sought asylum and withholding of removal, naming Saed and Naheda as derivative beneficiaries. Saed and Naheda applied separately. The Maroufs were placed in removal proceedings and charged with being unlawfully present in the U.S. They claimed that they were persecuted as a result of their Christian religion and testified about numerous instances, including Saed being attacked after he had escorted a group of Christian women who were being harassed by Muslim men; an attempted rape of Nancy; and a fire-bombing of Nancy’s parents’ house. The IJ denied relief, concluding that their testimony was not credible and failed to demonstrate a well-founded fear of persecution (asylum) or that it was more likely than not that they would be harmed (withholding of removal under the Convention Against Torture) if removed. The BIA affirmed. The Sixth Circuit reversed and remanded, finding that the credibility determination was not supported by substantial evidence and noting that discretionary denials of asylum to otherwise-eligible applicants are rare and appropriate only in narrow circumstances.
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