Javed v. Holder
2013 U.S. App. LEXIS 10544
| 1st Cir. | 2013Background
- Javed, born 1962 in Gujrat, Pakistan, pursued degrees in commerce and law and practiced locally.
- Represented the Hunj group in litigation against the Batore group, both political faction proxies of major parties.
- Batore group threatened and beat him; local authorities allegedly protected Batore and aided in harassment, including demolition of his office.
- Fled Pakistan in 1993 due to threats; lived in South Africa before eventually returning to visit family, then moved to the United States.
- Entered the United States as a non-immigrant in 1999, overstayed, and received a Notice to Appear in 2002.
- In 2005, Javed applied for withholding of removal and protection under CAT; IJ denied, BIA affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether past persecution was established and nexus to a protected ground | Javed suffered past persecution with imputed political opinion. | Persecution arose from private litigation, not a protected ground. | Past persecution established; remand for presumption of future persecution |
| Whether Javed is entitled to withholding based on likelihood of future persecution | Presumption of future persecution should apply due to past persecution. | No nexus to protected ground; no presumption applied. | Remand; presumption to apply and government may rebut |
| Whether the record supports denial of CAT protection | Challenging lack of consideration that threats and abuse may amount to torture if repatriated. | Record does not show more likely than not that Javed will be tortured; defense stands. | CAT denial affirmed |
Key Cases Cited
- Attia v. Gonzales, 477 F.3d 21 (1st Cir. 2007) (persecution threshold beyond mere harassment)
- Sok v. Mukasey, 526 F.3d 48 (1st Cir. 2008) (persecution includes credible threats with violence)
- Nikijuluw v. Gonzales, 427 F.3d 115 (1st Cir. 2005) (government involvement needed for persecution)
- Hincapie v. Gonzales, 494 F.3d 213 (1st Cir. 2007) (threats of murder can constitute persecution)
- Mayorga-Vidal v. Holder, 675 F.3d 9 (1st Cir. 2012) (imputed political opinion can be a basis for persecution)
- Vilela v. Holder, 620 F.3d 25 (1st Cir. 2010) (consideration of ongoing threats in determining future harm)
- Tasya v. Holder, 574 F.3d 1 (1st Cir. 2009) (ongoing threats support past persecution finding)