Background
Petitioners Nelson Panda and his son, natives of Angola, sought asylum, withholding of removal, and relief under the Convention Against Torture after facing arrest for an anti-government political event. The immigration judge and the Board of Immigration Appeals denied their claims, finding that violence against their family was isolated and that the petitioner’s release from custody was not persecutory.
The court’s reasoning
The court held that the agency decisions lacked support because they failed to consider highly probative evidence and materially misstated the record. The court found the agency erred in treating the attack on the petitioner’s wife as isolated when it occurred days after the petitioner’s release and involved explicit targeting. The court also found the agency misstated the record by ignoring evidence that the petitioner’s release required a bribe and involved threats of death, and by characterizing his time at his pastor’s home as safe rather than as hiding from the police.
What it means going forward
The case is sent back to the immigration agency for further consideration on an open record, ensuring all evidence regarding the petitioner’s release and hiding is properly evaluated.