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Pan v. Holder

United States Court of Appeals, Second Circuit

January 26, 2015

ALEKSANDR PAN, Petitioner.
v.
ERIC H. HOLDER, JR., UNITED STATES ATTORNEY GENERAL, Respondent

Argued August 20, 2014

Appeal from the Board of Immigration Appeals. File: A 093 354 217 -- New York, NY.

Aleksandr Pan petitions for review of the January 7, 2013 order of the Board of Immigration Appeals (BIA) dismissing his appeal from an immigration judge's (IJ) denial of his applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (CAT). For the reasons that follow, we conclude that the IJ and BIA failed to consider significant record evidence related to Pan's claim of past persecution. Therefore, we grant the petition for review, vacate the BIA's order in part, and remand for further proceedings.

JUDY RESNICK, Law Office of Judy Resnick, Far Rockaway, NY, for Petitioner.

JESSE DAVID LORENZ (Stuart F. Delery, Emily Anne Radford, Thanh Khiet T. Nguyen, Craig A. Newell, Jr., on the brief), U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: WALKER, WESLEY, and LIVINGSTON, Circuit Judges.

OPINION

Page 541

John M. Walker, Jr., Circuit Judge

Aleksandr Pan petitions for review of the January 7, 2013 order of the Board of Immigration Appeals (BIA) dismissing his appeal from an immigration judge's (IJ) denial of his applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (CAT). For the reasons that follow, we conclude that the IJ and BIA failed to consider significant record evidence related to Pan's claim of past persecution. Therefore, we grant the petition for review, vacate the BIA's order in part, and remand for further proceedings.

BACKGROUND

Pan, a citizen and native of the Kyrgyz Republic, entered the United States on May 9, 2008, under a visitor non-immigrant visa. On May 8, 2009, Pan filed an asylum request claiming that he was persecuted because he is an ethnic Korean and an Evangelical Christian.

At his June 28, 2010 removal proceeding, the IJ noted that Pan credibly testified about several incidents in which he and his family were targeted for mistreatment because of their religion and ethnicity. Pan testified that in his early school years other students beat him because

Page 542

they knew he was an Evangelical Christian. His parents complained to school administrators, but the administrators dismissed the complaints as a " normal phenomenon" in the school. Jt. App'x 120. In 1992, when Pan was about five years old, neighbors hanged his dog from ...


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