Proving the "Nexus" or Reason for an Asylum Claimant's Persecution
The harm an asylum applicant suffered must have been "on account of" one of five grounds, not random or merely personal.
If you have suffered persecution in the past or have a well-founded fear of persecution in the future on account of your race, religion, nationality, membership in a particular social group, or political opinion, you could file a claim for asylum in the United States.
In order to be granted asylum, an Immigration Judge or Asylum Officer must determine that you are a refugee. That requires first convincing the judge or officer that you have suffered harm, or fear harm, that is so severe it can be considered persecution.
The next step is to convince the judge or officer that this persecution occurred specifically because of your race, nationality, religion, membership in a particular social group, or political opinion — that is, one or more of the five grounds specified in the Immigration and Nationality Act (I.N.A.).
This article will discuss how to identify and establish the connection, or nexus, between the persecution and the five grounds.
What Is “Nexus” in an Asylum Case?
Establishing “nexus” involves answering the question “Why?” It’s not enough to show the mere fact that you suffered or fear persecution: You must also show the grounds upon which this persecution was directed at you.
Looking at the motivation of the persecutor, you must demonstrate that the persecutor was motivated, at least in central part, to harm you on account of at least one of the five grounds noted above.
One way to determine the motivation of the persecutor is to take a look at what the persecutor said to you. Take, for example, a young man from Mexico. Four armed men kidnap him from a shopping mall. They say, “We are X-Gang and we know your father is the mayor.” Here we see that the persecution (kidnapping) occurred on account of the man’s relationship to his father (membership in a particular social group) or on account of a political opinion that was imputed to him because of his father. Since both grounds are specified under the immigration law, the asylum applicant can be considered a refugee.
Let’s look at the same kidnapping with a slight change: A young man from Mexico is kidnapped by four armed men outside a shopping mall. The kidnappers say, “We are X-Gang and we saw you buy those expensive sneakers. We want the sneakers and all your money.” Here we see that the persecution (kidnapping) occurred because X-Gang wanted the sneakers and money. There is no nexus to any ground specified under the I.N.A. and the asylum applicant would not be considered a refugee.
You will not have to prove that one (or more) of these grounds is the sole reason the persecutor was or is motivated to harm you, but you will have to prove that it is a central reason for the harm. (See Real ID Act of 2005, U.S. Pub.L. 109-L. 109-13, H.R. 1268.)
Think about your case as a series of steps: If you have suffered or fear harm that is so severe it can be considered persecution, you have fulfilled step one. Step two is to establish the nexus — to tie the persecution to one of the five grounds. Why did the persecutor harm you?
Examples of Nexus in Asylum Claims
Every asylum claim is adjudicated on a case-by-case basis, meaning that the asylum officer or immigration judge will look at the facts of the case and apply the law to those facts. With that in mind, here are some examples where nexus can be established:
- A young Bangladeshi woman is educating women about birth control as part of your master’s thesis. She is raped by men with beards who warn her to “stop corrupting Muslim women.” In this scenario the persecution (the rape) occurred on account of the woman’s political opinion (feminism) and/or her religion (she interprets Islam differently than the men).
- A Jewish man from Tajikistan was beaten by nationalists and ordered to leave the country. The threats received included anti-Semitic remarks. Here you would look at the threats and beating together. The words of the persecutor indicate that the man was persecuted on account of religion.
- A Coptic Christian from Egypt was beaten and threatened by the Gamaat Islamia. The possible persecution (beating and threats) in this case occurred on account of religion.
- An Albanian from Kosovo witnessed Serbs murdering her family members in 1999 while a child. She was so traumatized that she cannot return to her country even though the war is over. The severe persecution the woman suffered as a child watching family members murdered can be said to have occurred on account of her nationality (Albanian) and religion (Muslim).
If you submitted an affirmative application for asylum and are appearing before an Asylum Officer, you might receive some help with establishing nexus. Unlike Immigration Judges, Asylum Officers have an affirmative duty to gather all information about nexus. This means that they must ask questions to determine whether the persecution you suffered or fear has a tie to at least one of the five grounds. Regardless of this affirmative duty, you have the burden of proving that there is a nexus between the persecution and one of the five grounds. When deciding whether you have met your burden, the judge or officer looks at what a reasonable person would believe.
Showing a nexus can be tricky. For example, you could not establish nexus if the military forcefully conscripted you only because you were a young man. Consider consulting with an immigration lawyer experienced in asylum and refugee law for help in preparing and presenting your case.