United States Ninth Circuit

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Kumar v. Holder, 08-72119

Petition for review of a Board of Immigration Appeals (BIA) decision denying petitioner asylum and withholding of removal, is granted, where: 1) the BIA erred in failing to consider the circumstances particular to petitioner's service as a prison guard in India; and 2) in determining whether petitioner's actions rose to the level of "personal involvement" triggering the persecutor bar, the BIA misunderstood and misapplied relevant precedent, including Miranda Alvarado v. Gonzales, 449 F.3d 915 (9th Cir. 2006) and Fedorenko v. United States, 449 U.S. 490 (1981).

Appellate Information

  • Decided 08/29/2013
  • Published 08/29/2013




  • United States Ninth Circuit