Kumar

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SANDEEP KUMAR, No. 23-308 Agency No. Petitioner,

A216-274-852

v.

OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted March 27, 2024 San Francisco, California

Filed August 2, 2024

Before: Evan J. Wallach, * Jacqueline H. Nguyen, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Wallach; Dissent by Judge Bumatay

* The Honorable Evan J. Wallach, United States Circuit Judge for the Federal Circuit, sitting by designation. SUMMARY **

Immigration

Granting Sandeep Kumar’s petition for review of a decision of the Board of Immigration Appeals affirming the denial of asylum and related relief, the panel held that the record compelled the conclusion that Kumar’s past harm in India rose to the level of persecution, and remanded. After Kumar became a member of the Mann Party, he experienced threats and a physical beating from members of an opposing political party. Relying on Sharma v. Garland, 9 F.4th 1052 (9th Cir. 2021), the BIA concluded that…