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CA9 on Persecution: Kumar v. Garland

August 02, 2024 (1 min read)

Kumar v. Garland

"Sandeep Kumar, a native and citizen of India, petitions for review of the final order of the Board of Immigration Appeals (BIA), which dismissed his appeal of the decision by the Immigration Judge (IJ) to deny his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Among other things, the BIA agreed with the IJ’s conclusion that Kumar did not establish that his past harm, when cumulatively considered, rose to the level of persecution. Specifically, the BIA determined that Kumar’s experience of threats and a physical beating from members of an opposing political party did not constitute persecution when considered cumulatively, because Kumar failed to adequately show that the threats caused him significant actual suffering or harm. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand for further proceedings."

[Hats off to Inderraj Singh!]

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