What a new US ruling means for Venezuelans seeking asylum

A new ruling by the US Board of Immigration Appeals has changed the framework for evaluating asylum claims from Venezuelans. The decision, issued on Sept. 4, said Nicolás Maduro’s removal on Jan. 3 and the subsequent transfer of executive authority to an interim government altered Venezuela’s political circumstances.

The case behind the ruling was sent back for further review because the immigration judge had not examined closely enough how the political transition affected the specific risk claimed by the applicant. The court also ordered a review of whether the asylum application had been filed within the deadlines set by US law.

Under the ruling, judges must assess what happened to the people, organizations or security forces that an applicant says persecuted them or may persecute them. They must determine whether those actors remain operational, retain the ability to act and still have an interest in pursuing the applicant under the new government. Judges must also examine whether rules and institutions linked to the former government remain in force.

The decision means an asylum application cannot rest solely on a broad description of Venezuela’s political situation. The BIA also said judges should consider changes in the relationship between the United States and Venezuela’s new authorities, including the reopening of the US Embassy in Caracas on March 30 and Washington’s three-stage plan for stabilization, economic recovery and democratic transition.

The ruling has implications for Venezuelans who have spent more than a year in the United States without filing for asylum. The I-589 application generally must be submitted within one year of the applicant’s most recent arrival. Changed or extraordinary circumstances can create exceptions. Maduro’s removal may qualify as a changed circumstance, but applicants must demonstrate that it directly and materially altered their ability to obtain asylum.