The US Court of Appeals for the Fifth Circuit recently remanded the Board of Immigration Appeals (BIA) to review its affirmation of a removal order against one Nadeem Ali, a Pakistani immigrant who entered the United States in 1991 without a visa. The CA recommended a review of the removal order after it found that the BIA failed to consider some provisions of the Immigration Nationality Act (“INA”), 8 U.S.C. § 1151, et seq., DHS regulations, and previous BIA decisions.
After Ali entered the United States as an undocumented immigrant in 1991, the Department of Homeland Security initiated exclusion proceedings against the Pakistan native, who would be compelled to seek asylum on the grounds of political persecution. In an asylum hearing presided Immigration Judge Robert Brown, Ali submitted evidence to support his claims of facing political persecution in Pakistan as a member of an opposition party, experiencing kidnapping and torture in the hands of the government and a rival political party in separate incidents in 1982, 1989, and 1991. The IJ granted Ali’s application for asylum; he would receive lawful permanent resident (LPR) status.