Kumar

Kumar v. Garland

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 17, 202523-308California7,446 words

Opinion

Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND1

Kumar practices the Sikh religion. Prior to his arrival in the United States,

he resided in Punjab, India. On January 4, 2017, Kumar joined the Shiromani

Akali Dal Mann Party (“Mann Party”), which, as we have previously recognized,

“advocates for the creation of Khalistan, a sovereign state for the Sikh people.”

Kaur v. Wilkinson, 986 F.3d 1216, 1219 (9th Cir. 2021). We have also previously

recognized that “Mann Party members have faced persistent harassment,

intimidation, threats, and violence in Punjab,” the region where Kumar resided. Id.

The Bharatiya Janata Party (“BJP”) is a major Indian political party that opposes

1 The factual assertions here primarily stem from the BIA’s final order and Kumar’s credible testimony given during his removal hearing on January 10, 2020.

23-308 the Mann Party. Singh v. Garland, 97 F.4th 597, 600 (9th Cir. 2024) [hereinafter

Singh]. According to Kumar, the BJP is the “central government” that suppresses

the Mann Party in Punjab and seeks to convert everyone to Hinduism. Notably,

BJP members sought to convert Kumar and his family members to Hinduism…

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