02/11/2013 02:04:32 PM EST
CA7 on Pakistan, PML-N: Mustafa v. Holder
"Ghulam Mustafa and his family seek review of a decision of the Board of Immigration Appeals in which the Board affirmed the immigration judge’s denial of their applications for asylum and withholding of removal. Mustafa, a citizen of Pakistan and member of the Nawaz faction of the Pakistani Muslim League political party (“PML-N”), filed an application for asylum and withholding of removal on the basis that he fears if he were to return to Pakistan, he would be targeted for having cooperated with the opposition government under General Pervez Musharraf by providing information about the financial affairs of his former employer, who is also a former Pakistani Senator. In affirming the immigration judge’s denial of the application, the Board explained that Mustafa could not establish a fear of future persecution on account of a protected statutory ground. Instead, the Board concluded that the threats and attacks Mustafa had experienced before coming to the United States were motivated solely by a personal dispute between Mustafa and his former boss and that he had not shown that the current government would persecute him on account of his membership in the PML-N. We grant the Mustafa family’s petition for review and remand the case for further proceedings because the conclusion that Mustafa’s attackers were motivated solely by a desire for personal revenge is unsupported by substantial evidence in the record." - Mustafa v. Holder, Feb. 11, 2013. [Hats off to Kenneth Y. Geman and Ronald H. Ng!]