CA9 on Persecutor Bar, Asylum: Kumar v. Holder

"Vijay Kumar petitions for review of the denial of his appeal by the Board of Immigration Appeals (the BIA). We hold that the BIA erred in failing to consider the circumstances particular to Kumar’s service as a prison guard in India. We grant the petition and remand for further consideration. ... Here, the IJ lacked the benefit of Miranda Alvarado, and the BIA misconstrued Miranda Alvarado’s integral participation requirement. ... The decisions of the IJ and BIA reflect a misunderstanding and misapplication of relevant precedent.  We remand under INS v. Ventura, 537 U.S. 12 (2002), to consider whether Kumar purposefully assisted in the alleged persecution. In doing so, the BIA should consider in particular (a) whether the work of a sentry on the perimeter of an intelligence facility is integral not only to the functioning of the facility but also to the persecution that occurred inside of it, and (b) the differences between the role of a Nazi guard at a Nazi concentration camp and Kumar, an individual working for a legitimate arm of a recognized government at a legitimate prison facility." - Kumar v. Holder, Aug. 29, 2013.  [Hats off to Kaufman & Kaufman!]