CA8 Upholds Denial of Asylum to Bosnian Muslims Based on Lack of Nexus to Protected Ground

The court first rejected the petitioners’ claim that the BIA violated their due process rights by twice denying them an extension to file their appellate brief, finding that the petitioners had failed to show prejudice. The court then upheld the BIA’s determination that the petitioners failed to show a nexus between their protected ground and the persecution they suffered, where the BIA concluded that they had been targeted by Serbian criminals for police informant activities, rather than for being Bosnian Muslims (known as Bosniaks). Finally, the court concluded that the petitioners were not entitled to withholding of removal or relief under the Convention Against Torture (CAT), finding that they did not face a likelihood of torture if they returned to Bosnia and Herzegovina. (Durakovic v. Garland, 5/20/24)