Family Membership Nexus & Matter of M-R-M-S (BIA 2023)

Family Membership Asylum Nexus

CANNOT BE TARGETING THE FAMILY FOR REASONS UNRELATED TO THEM BEING MEMBERS OF THE SAME FAMILY.
The persecution that is targeting a particular family can't be doing so as a means of achieving some other ultimate goal that is unrelated to the protected ground. If a Government is persecuting a family because that family lives on land that they want seize then the reason that they are persecuting them is more so related to their goal of taking the land not those people being the members of that particular family. If someone who wasn't a member of that family were to move onto that land they would be persecuted just the same.

Controlling Case for Family Membership Nexus

Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023)

If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family membership is incidental or subordinate to that other ultimate goal and therefore not one central reason for the harm. Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), reaffirmed.

Practice Advisory for Matter of M-R-M-S