Imran Shams v. Eric Holder, Jr.

MEMORANDUM

Imran Shams (“Shams”), a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because the IJ and the BIA erred by failing to properly consider all of the evidence in the record, we grant the petition and remand for further proceedings.

1. Substantial evidence does not support the agency’s denial of withholding of removal for failure to demonstrate an objectively reasonable fear of future persecution. In reaching its conclusion, the agency ignored evidence from Shams’s expert witness, Professor Shaul Gabbay, that Shams was highly likely to be in danger if returned to Pakistan. Professor Gabbay testified that it was very likely that Shams, who has lived in the United States for an extended period of time, would be suspected of being an American spy. He reported that the “most extreme punishment is meted out” to people considered to be spies. Moreover, Professor Gabbay testified that because Shams is Pakistani, suspicion against him will…