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Dual Nationals Persecuted in One Place Still Refugees: 2nd Cir.

June 29, 2022, 3:41 PM

The Board of Immigration Appeals improperly concluded that immigrants seeking asylum, who were citizens of Honduras and Nicaragua and were persecuted in Honduras, weren’t refugees simply because of their dual nationality, the Second Circuit said.

To qualify as a refugee under the Immigration and Nationality Act, a dual national seeking asylum “need only show persecution in any singular country of nationality,” Judge Denny Chin said Tuesday, writing for a unanimous US Court of Appeals for the Second Circuit panel.

The ruling comes in a case where an immigration judge had rejected a family’s asylum request, citing their dual nationality, even ...