Mirisawo v. Holder
United States Court of Appeals for the Fourth Circuit
599 F.3d 391 (2010)
Rosemary Mirisawo (plaintiff), a Zimbabwean citizen working in the U.S. as a housekeeper, left her children with her brother Tobias and sister in Zimbabwe; after Tobias was severely beaten for opposing President Mugabe, Mirisawo returned home briefly in 2002, stayed with her sister to avoid association with Tobias, and bought a home there for her family. In 2005 the Mugabe government destroyed thousands of homes belonging to government opponents, including nearly destroying Mirisawo's own house even though she had never lived in it. She applied for asylum shortly before her visa expired, but an immigration judge denied the application, finding the home's destruction was not past persecution (since she had never lived there or relied on it for her livelihood) and that she faced no well-founded fear of future persecution, given she was unharrassed during her 2002 visit and her family remained unharmed since Tobias's beating; the Board of Immigration Appeals (BIA) affirmed, and Mirisawo petitioned for review.
Whether, to be granted asylum in the United States, an applicant must show past persecution or a well-founded fear of future persecution or deprivation in her native country that threatens the person's life or liberty.