01/18/2013 05:28:38 PM EST
CA1 on Well-Founded Fear, Pakistan: Khattak v. Holder
"While we will not reverse the BIA's findings where the evidence at least admits the possibility of a conclusion in accord with the BIA's, "we will remand if the agency fails to state 'with sufficient particularity and clarity the reasons for denial of asylum' or otherwise to 'offer legally sufficient reasons for its decision.'" Mihaylov, 379 F.3d at 21 (quoting Gailius, 147 F.3d at 46-47); see also Jalloh v. Ashcroft, 103 F. App'x 402, 406-07 (1st Cir. 2004) (distinguishing between standard for reversal and standard for remand). Here, we are not satisfied that either the IJ or the BIA has "present[ed] a reasoned analysis of the evidence as a whole." Jabri v. Holder, 675 F.3d 20, 24 (1st Cir. 2012). Accordingly, the petition for review is granted; the order of the BIA is vacated; and the case is remanded for further proceedings consistent with this opinion." - Khattak v. Holder, Jan. 18, 2013. [Hats off to the Hon. William P. Joyce!]
