Vijay Kumar v. Eric H. Holder Jr.

Vijay Kumar petitions for review of the denial of his appeal by the Board of Immigration Appeals (the BIA). We hold that the BIA erred in failing to consider the circumstances particular to Kumar’s service as a prison guard in India. We grant the petition and remand for further consideration.

FACTS

In June 1989, Kumar, age 24, joined the Punjab police. He was trained for seven months and was then posted in Tarn Taran as a constable. After more than a year there, Kumar was assigned to patrol the superintendent’s residence. His primary duty was to stand in front of the gate. When visitors came, he informed the people inside the residence.

In June 1992, Kumar was assigned to serve as staff for an intelligence agency in Tarn Taran. His duties were to stand in front of the gate of the agency’s building, which was used to house and interrogate those suspected of being a part of the Khalistan movement seeking to create a separate Sikh country. The suspects were kept in the “havalaat,” i.e., jail. Kumar did not arrest, transport, or question the prisoners.

Kumar testified at his immigration hearing that he witnessed prisoners being mistreated. The first time he witnessed such…