Matter Of S-K

23 I & N Dec. 936 (2006)

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Nature of the Case

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Facts

P is a native and citizen of Burma. She is a Christian and an ethnic Chin. P claims she faces persecution and/or torture if returned to Burma because the Government, regularly commits human rights abuses against ethnic and religious minorities. The government arrested and detained both P’s brother and fiancé, the latter ultimately being killed by the military. P began supporting the Chin National Front (CNF) and its goal of securing freedom for ethnic Chin people. P donated money to the CNF for approximately 11 months. P also attempted to donate other goods, such as a camera and binoculars but they were confiscated after she had given them to an undercover agent. The agent informed P that she should flee Burma because the Burmese military had seen a letter written by P to the CNF. At the time of her discovery, P was residing in Singapore. P fled to the United States in order to request asylum. The Immigration Judge found that P had established a well-founded fear of persecution but denied her application because by providing money and other support to the CNF, an organization that uses land mines and engages in armed conflict with the Burmese Government, P had provided material support to an organization or group of individuals who she knew, or had reason to know, used firearms and explosives to endanger the safety of others or to cause substantial property damage. P was statutorily barred from asylum and from withholding of removal under either section 241(b)(3). The judge also held that P had failed to meet her burden of establishing a clear probability of persecution or torture because of the speculative nature of the information the Burmese Government had on P. P appealed to the Board of Immigration Appeals. (BIA).