Khattak v. Holder, Jr.
2013 U.S. App. LEXIS 1150
| 1st Cir. | 2013Background
- Khattak, his wife, and two young children, Pakistani nationals, seek asylum after entering the U.S. on B-2 visas in 2009.
- Khattak is a long-time ANP activist, former mayor, and local Peace Committee member who publicly opposed the Taliban.
- Threats to Khattak intensified in 2009 after Taliban threats and letters targeting his children’s schools.
- IJ found his fear not objectively reasonable, deeming his threats tied to his special police officer status rather than political opinion.
- BIA affirmed the IJ, but the court remanded for fuller consideration of Khattak’s singling-out claim and relocation analysis.
- Court grants petition for review, vacates BIA order, and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Khattak has a well-founded fear of future persecution | Khattak argues he faces targeted Taliban threats for anti-Taliban activism | Government argues no singling-out or pattern/practice showing; relocation possible | Remanded for fuller consideration of singling-out and relocation factors. |
| Whether the government is unable or unwilling to protect Khattak | Record shows Taliban reach and corroborating affidavits; government unable to protect | Pakistan government actively combats Taliban; capable of protection | Remand to assess protection adequacy and corroboration. |
| Whether internal relocation to Islamabad is reasonable | Relocation would not be reasonable due to Taliban reach and personal ties | Relocation to Islamabad could be feasible; evidence insufficiently weighed | Remand to evaluate internal relocation factors per 8 C.F.R. § 208.13(b)(3). |
| Whether the claim falls under pattern-or-practice or singling-out | Khattak seeks relief based on being singled out for persecution | Law requires pattern-or-practice showing if not singled out | Remand; pattern-or-practice issue not resolved due to insufficient record. |
Key Cases Cited
- Matter of Fuentes, 19 I. & N. Dec. 658 (BIA 1988) (police officers may be persecuted for political opinion; not dispositive for asylum eligibility)
- Castañeda-Castillo v. Holder, 638 F.3d 354 (1st Cir. 2011) (police-officer status not automatically disqualifying; persecution may target politically involved individuals)
- Elias-Zacarias, 502 U.S. 478 (U.S. 1992) (high reversal standard in asylum appeals; deference to agency findings)
- Avetova-Elisseva v. INS, 213 F.3d 1192 (2d Cir. 2000) (remand appropriate where pattern-or-practice question underdeveloped by agency)
- Rasiah v. Holder, 589 F.3d 1 (1st Cir. 2009) (demands rigorous showing for pattern-or-practice persecution)