Radovan

MEMORANDUM ***

Based on the evidence in the administrative record, we conclude that Radovan has presented evidence “so compelling that no reasonable factfinder could fail to find the requisite fear of persecution,” INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), necessary for asylum eligibility, 8 U.S.C. § 1101 (a)(42)(A).

Radovan testified before the Immigration Judge that she comes from a military family and was a member of the Philippines Air Force. One of her brothers, a police captain, was assassinated, likely, by a guerrilla group known as the New People’s Army (“NPA”). Another brother, an army captain, was repeatedly threatened and harassed by the NPA. Radovan herself was visited in the middle of the night, soon after her brother’s assassination, by men in military uniforms she believes were members of the NPA. Rather than face these men herself, Radovan had another brother convince them she was not at home. She left the Philippines for the United States soon after that evening.

The Board of Immigration Appeals (“BIA”) denied Radovan’s application for asylum because, it felt, there is no objective basis for Radovan’s fear that she…