United States Second Circuit

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Pan v. Holder, 13‐203

Petition for review of an order of the Board of Immigration Appeals (BIA) dismissing petitioner's appeal from an immigration judge's (IJ) denial of his applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (CAT) is granted, the BIA's order is vacated in part, and the case is remanded for further proceedings, where: 1) the IJ and BIA failed to adequately explain why the significant violence petitioner suffered was insufficiently egregious to constitute persecution; 2) the IJ and BIA failed to consider record evidence of Galina Pan's testimony and affidavit, which tend to prove that the Kyrgyz police and unwilling or unable to protect petitioner from private persecutors; and 3) the BIA therefore erred when it found that petitioner was not a victim of past persecution and did not have a well-founded fear of future persecution.

Appellate Information

  • Decided 01/26/2015
  • Published 01/26/2015

Judges

  • Walker

Court

  • United States Second Circuit

Counsel

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