In asylum cases, foreign nationals need to demonstrate that the harm they suffered (or fear that they will suffer) is on account of race, religion, nationality, political opinion or membership in a particular group. This is known as the nexus, or connection, between the harm and the reason for the harm.
Recently, a federal court ruled that it was wrong to require an asylum applicant to provide direct proof of the nexus. In other words, the federal judges ruled that the Immigration Judge and the Board of Immigration Appeals were wrong when they denied asylum to the man from Nepal.
It is important to hire an experienced immigration lawyer who knows when Immigration Judges make mistakes. Only someone who knows the law, including the recent cases, can appeal the case to a higher authority and maybe win. That's why if you are considering asylum, you should call the Weston, Florida office of Blandon Law at (954) 385-0157. The author is certified by the state's association of lawyers as an immigration expert.
In this case, the Fifth Circuit repeated what is known to experienced attorneys: asylum applicants need to provide proof -- either direct OR CIRCUMSTANTIAL -- that the persons causing the harm know about the applicants' political opinion and will likely harm them because of it.