A Sikh man from India and His Hindu Girlfriend ( Asylum Case )

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A Sikh man, a native and citizen of India, sought asylum due to fear of persecution by members of the Hindu religion and the RSS party.

The persecution arose because he refused to end his relationship with his Hindu girlfriend (who was the sister of some of his attackers).

When the Sikh man tried to report the initial attack, a local police officer refused to take his report, told him he was "crazy" for attempting to file against a BJP member, and threatened him with detention.

The Immigration Judge (IJ) denied the man's applications for asylum and withholding of removal.

The IJ found that, despite the single refusal by a police officer, the man did not establish that the harm he suffered was committed by forces the government, as a whole, was unable or unwilling to control.

This finding was supported by the fact that the respondent never sought any further governmental assistance after his single unsuccessful attempt to file a report.

The Board of Immigration Appeals dismissed the appeal, affirming the denial.

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BIA Sets New Bar for Asylum Seekers:

Single Police Refusal Insufficient to Prove Government Unable or Unwilling to Control Persecutors

BIA ruling (Decided November 17, 2025) established that a single attempt to report harm by private actors, without further evidence of government collusion or inability, does not establish that the government, as a whole, is unable or unwilling to protect a respondent from persecution

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