Mustafa v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-2456
Decision Date: 
February 11, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Record failed to support IJ and Bd.’s denial of alien’s application for asylum and withdrawal of removal based on alien’s claim that he would be subjected to persecution based on his membership in PML-N party if forced to return to Pakistan. While record contained evidence that leader in same party held personal grudge against alien for providing information to former Pakistani rival regime that landed leader in prison, IJ and Bd. failed to address evidence that alien’s attackers, who supported said leader, indicated that they had beaten alien because of his cooperation with rival political party. On remand, govt. will have opportunity to present evidence that change in circumstance precludes finding that alien no longer has well-founded fear of persecution or that alien could avoid persecution by relocating to another part of Pakistan.