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Immigration Law

CA5 on Asylum, Nepal, Nexus: Sharma v. Holder

"Nepalese citizen Khagendra Sharma petitions for review of the Board of Immigration Appeals (BIA) denial of his application for asylum and withholding of removal under 8 U.S.C. § 1252(b) and the Convention Against Torture (CAT), arguing that he had been subjected to past persecution and feared future persecution in Nepal based on his political opinion and membership in a particular social group, the Nepal Student Union (NSU). Because we find that the Immigration Judge (IJ) and BIA incorrectly required Sharma to produce direct proof of the nexus between his persecution and his political opinion, the petition for review is GRANTED, the BIA’s decision is VACATED in part, and the case is REMANDED to the BIA for further proceedings consistent with this decision." - Sharma v. Holder, Aug. 26-30, 2013.  [Hats off to pro bono counsel Cam Barker, on behalf of the Bernardo Kohler Center!]