Thomas

I. BACKGROUND

We substantially adopt the factual recitation by the original panel majority in its now-withdrawn opinion.

Michelle Thomas, her husband David Thomas, and their two children, Shaldon Thomas and Tyneal Thomas, are citi- 6122 THOMAS v. GONZALES zens and natives of South Africa. They entered the United States as visitors at Los Angeles, California, on May 28, 1997. Within one year of their arrival, they filed requests for asylum pursuant to § 208 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1158. Michelle Thomas is the princi- pal asylum applicant; David, Shaldon, and Tyneal are deriva- tive applicants.

At a hearing on December 2, 1998, the petitioners con- ceded their removability and requested asylum and withhold- ing of removal. On May 12, 1999, the IJ held an evidentiary hearing. Michelle Thomas was the only petitioner who testi- fied at the hearing.

The Thomases came to the United States to avoid threats of physical violence and intimidation to which they were sub- jected because of abuses committed by Michelle’s father-in- law, “Boss Ronnie,” who was a foreman at Strongshore Con- struction in Durban, South Africa. Boss Ronnie…