From the Desk of the Han Yin, Manager,
Man from Nigeria denied relief under the Convention Against Torture because none of his relatives had been kidnapped or harmed and because he could have lived elsewhere in Nigeria to escape the men with guns
In Matter of J-O-A-, 29 I&N Dec. 672 (BIA 2026), a man was denied asylum because he had been convicted of certain crimes in the United States. However, he could still apply for protection under the Convention Against Torture (CAT).
The case involved unidentified men who approached his nephew four times, asking about Mr. J-O-A-‘s whereabouts and making threats. However, the court noted that Mr. J-O-A. had not been kidnapped, physically harmed, or directly attacked.
The court also found that he could avoid the danger by relocating to another city within his country.
Practical Considerations for Applicants for Asylum and Convention against Torture
This case shows that threats alone may not always be enough to win an immigration case. Applicants should try to gather evidence showing that the danger is serious, ongoing, and difficult to avoid, especially if relocation is not a realistic option.