Foreign nationals must demonstrate that the government of their countries are UNABLE or UNWILLING to control the perpetrators. This is a basic requirement for an asylum applicant to prove, according to a recent decision by the Eighth Circuit Court of Appeals. Click here to read it.
To win asylum, foreigners must demonstrate that they cannot be protected from suffering. In the case before the Eighth Circuit, the Peruvian police arrested suspects believed to have attacked the asylum applicant, but were not able to convict them. Unfortunately, even ineffective or corrupt police forces are seen -- by our government -- as proof that foreign nationals can be protected by their own governments. Thus, the asylum case was denied.
Fortunately, where the police force is completely unable to protect its citizens, asylum can be granted. Such was the case for many Colombians. The Department of State reports -- which Blandon Law used as proof in Immigration Court -- specifically stated that the government could not protect its citizens against the hyper-armed FARC, the Revolutionary Armed Forces of Colombia.