Unpub. BIA asylum remand victory: arrest warrant as pretext

Unpub. BIA asylum remand victory: arrest warrant as pretext

"On appeal, the respondent argues that the arrest warrant issued against him is a pretext for political persecution. See Long v. Holder 620 F3d 162, 166 (2nd Cir. 2010) (noting that prosecution that is pretext for political persecution is not on account of law enforcement); Matter of Sibrun, 18 I&N Dec. 354, 359 (BIA 1983). The respondent also asserts that the documentary evidence submitted in support of his application corroborates his claims. We will remand the record for the Immigration Judge to further consider the country condition documentation submitted by the respondent and to evaluate the respondent's claim that the criminal prosecution against him is a pretext for persecution in light of Board and circuit law. See generally Chen v. Gonzales, 417 F.3d 268, 273 (2d Cir. 2005) (emphasizing importance of country condition reports). The record wil.l be remanded." - Matter of X-, Dec. 16, 2011.  [Hats off to Rachel Gore Freed at the Law Office of Theodore N. Cox!]