Narendra Kumar v. Gonzales

FACTS AND PROCEEDINGS BELOW

Narendra Kumar is an ethnic Indian and a native and citi- zen of Fiji. His wife, Rina Kumar, and their son, Shekhar Kumar, are also natives and citizens of Fiji. On November 10, 1994, the Kumars entered the United States on visitor-for- pleasure visas that permitted them to stay in the United States until May 1995. The Kumars failed to leave the United States by the specified date. The INS issued a Notice to Appear charging the Kumars with removability pursuant to § 237(a)(1)(B) of the Immigration and Nationality Act by rea- son of having overstayed their visas without authorization. At a hearing before an IJ, the Kumars admitted the factual allega- tions set forth in the Notice to Appear and conceded remov- ability. The Kumars elected to seek asylum and filed Mr. Kumar’s lead application; Rina and Shekhar Kumar’s claims are derivative of Mr. Kumar’s application.

The Kumars testified about three incidents in support of their claim for asylum.

(1) 1987 Incident at the Kumars’ Home

Mr. Kumar testified that he is an ethnic Indian who had been active in the fledgling Labor Party in Fiji around the time of a military coup to take over the government…