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attorneystatuteappealasylumsustained

attorneystatuteappealharassmentasylumsustainedrespondent

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Sahi v. Gonzales

Facts

The alien was a member of the Ahmadi religious sect, which is considered a heresy by many Muslims in Pakistan. The State Department reported that Ahmadis faced severe restrictions and violence, including being prohibited from building places of worship and being targets of religious violence. The alien had personally experienced violence, including being beaten and having his family's crops burned and buffaloes stolen, with police refusing to protect him.

The alien was a member of the Ahmadi religious sect. The Ahmadis considered themselves Muslims, but many Muslims disagreed. Pakistan considered the sect a pernicious heresy. According to a State Department country report, Ahmadis were not allowed to build houses of worships and were the targets of religious violence. The alien himself, before leaving Pakistan, had been beaten by orthodox Muslims, who in addition had burned the crops on his family farm and stolen buffaloes from the farm. The police refused to protect him and his family from these criminal acts.

Issue

Did the immigration judge and the Board of Immigration Appeals properly define 'persecution' in the context of the alien's asylum application?

Rule

The primary responsibility for defining key terms in the immigration statute, such as 'persecution,' lies with the Board of Immigration Appeals as the Attorney General's delegate.

The primary responsibility for defining key terms in the immigration statute that the statutes themselves do not define, such as 'persecution on account of race, religion, nationality, membership in a particular social group, or political opinion,' 8 U.S.C. 1101(a)(42)(A), is that of the Board of Immigration Appeals as the Attorney General's delegate.

Analysis

The court found that the immigration judge did not adequately define 'persecution' and relied on a limited interpretation that required systematic violence against a group. The judge's reasoning was deemed insufficient as it did not consider the broader implications of the treatment faced by Ahmadis in Pakistan, which included severe restrictions on their religious practices.

The immigration judge, seconded by the Board, ruled that Sahi had no well-founded fear of being persecuted should he be returned to Pakistan. Although the judge's oral opinion is meandering and none too clear, the heart of it seems to be the following sentence: 'While this Court [i.e., the immigration judge] fully recognizes that Ahmadis are discriminated against and face harassment in Pakistan because of their religious beliefs, I do not find that this fact, coupled with the general risk of random violence singles the respondent out or establishes a pattern and practice of persecution of all Ahmadis.'

Conclusion

The denial of asylum cannot be sustained on this record. The petition for review is therefore granted and the case remanded to the immigration service.

Who won?

The petitioner, Naveed Sahi, prevailed because the court found that the Board of Immigration Appeals failed to properly define 'persecution' and did not adequately consider the evidence of the treatment faced by Ahmadis in Pakistan.

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