Must You Show That the Government Knows About You?
When the persecution theory depends on political or religious activity, evidence that the relevant government or persecutor knows about the applicant can be critical to showing that the applicant personally would be targeted.
Awareness cannot simply be assumed
Recent AAO decisions have rejected political-opinion claims where the applicant did not establish that the current government would know about political activities that occurred many years earlier.
Identify evidence of actual government interest
Examples can include interrogations of relatives, summonses, warrants, official records, police inquiries, threats mentioning the applicant's activities, surveillance, confiscated materials, or government statements.
Public activity may create visibility
Public speeches, media coverage, leadership roles, named publications, public protests, online posts, organizational websites, or photographs can be relevant when they establish that the activity is traceable to the applicant.
Explain how awareness leads to persecution
Proof that a government knows the applicant exists is not enough by itself. The record must also show why that government awareness creates a risk of persecution on account of race, religion, or political opinion.
Frequently Asked Questions
Must the government know about my political opinion?
If the claimed persecutor is the government and the case depends on political activity, evidence of government awareness can be critical to proving individualized risk.
Can questioning of family members help?
Yes, when it reliably shows continuing government interest in the applicant.
Does public social media automatically prove government awareness?
No. It may help establish visibility, but the complete record should show why the relevant actors would discover and act upon it.
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