Khan v. Holder
2013 U.S. App. LEXIS 16549
1st Cir.2013Background
- Khan, a Pakistani national, entered the U.S. on a seaman visa and stayed beyond May 4, 2008.
- He applied for asylum, withholding of removal, and CAT protection on September 10, 2008.
- An IJ denied relief on November 3, 2010, and the BIA affirmed on December 18, 2012.
- Khan alleged Taliban persecution tied to anti-Taliban political opinion and social group membership.
- Fact pattern includes Taliban violence: grenade attack, letter threatening his family, and a destroyed school.
- The government nexus issue centers on whether Pakistan could protect Khan from Taliban threats.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Pakistani government could protect Khan from the Taliban. | Khan argues government incapacity to protect him. | BIA found government protection adequate and capable. | No government nexus; substantial evidence supports protection by Pakistan. |
| Whether Khan showed past persecution or well-founded fear of future persecution. | Khan asserts past harm and future risk due to Taliban. | Record shows privately inflicted harm with sufficient relocation options. | No past persecution shown; future fear not well-founded given relocation and Taliban limits. |
| Whether Khan could reasonably relocate within Pakistan to avoid persecution. | Relocation would still expose him to Taliban reach. | Relocation within Pakistan is feasible; Taliban influence limited in key cities. | Khan could reasonably relocate; no well-founded fear. |
Key Cases Cited
- Harutyunyan v. Gonzales, 421 F.3d 64 (1st Cir. 2005) (government nexus required for persecution claim)
- Butt v. Keisler, 506 F.3d 86 (1st Cir. 2007) (private violence needs government inability to address it)
- Burbiene v. Holder, 568 F.3d 251 (1st Cir. 2009) (government efforts against private violence matter for nexus)
- Khattak v. Holder, 704 F.3d 197 (1st Cir. 2013) (distinguishes cases on relocation and government protection)
- Ortiz-Araniba v. Keisler, 505 F.3d 39 (1st Cir. 2007) (government response to violence relevant to nexus)
- Nelson v. INS, 232 F.3d 258 (1st Cir. 2000) (past persecution creates presumption of future fear)
- Zheng v. Gonzales, 416 F.3d 97 (1st Cir. 2005) (relief framework for asylum and connection to persecution)