Federal Appeals Court: Fleeing Violence is Not a Valid Claim for Asylum in U.S.

Federal Appeals Court: Fleeing Violence is Not a Valid Claim for Asylum in U.S.


A federal appeals court has reaffirmed that fleeing violence is not a valid claim for asylum in the United States.

The Fifth Circuit Court of Appeals this week dismissed a case brought by an illegal alien from El Salvador, Jose Alberto Hercules, who sought to gain asylum to avoid deportation from the U.S. by claiming he was fleeing violence and would be targeted by gangs if he was deported.

Previously, the Board of Immigration Appeals (BIA) had dismissed Hercules’ appeal after a federal immigration judge found he had no legitimate claim for asylum and thus was eligible for deportation.

Hercules had claimed he was eligible for asylum for three reasons — because he was fleeing violence in El Salvador, because he was a Salvadoran man, and because if he was deported from the U.S., he claimed he would be targeted by gangs who would perceive him as rich.

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