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Tenth Circuit on Nepal, political opinion, abuse of discretion

October 18, 2011 (1 min read)

"Although the abuse-of-discretion standard is rigorous, our review convinces us that the BIA abused its discretion when it affirmed that the Maoists’ demands for money from KC did not constitute past persecution based on her political opinion. ... [T]he IJ—inexplicably—concluded that the Maoists did not act based on KC’s political activity, but extorted her exclusively for financial gain. This analysis suffers from a serious disconnection between the facts the IJ accepted and the legal conclusion he reached.  Because the BIA adopted the IJ’s analysis without further explication, both to dismiss KC’s appeal and to deny reconsideration, the BIA’s decision likewise lacks “rational explanation.” Kechkar, 500 F.3d at 1084. Accordingly, we hold that the BIA abused its discretion and remand for further consideration."

KC v. Holder, Oct. 18, 2011 (unpub.)