Mang Khup v. John Ashcroft, Attorney General

Mang Hau Khup, a native and citizen of Burma (now known as Myanmar), has petitioned for review of a decision of the Board of Immigration Appeals (“BIA”) denying his applications for asylum, withholding of removal, and protection under Article 3 of the Convention Against Torture (“CAT”). The Immigration Judge (“IJ”) found Khup to be a credible witness, but denied relief on the grounds that he had not suffered past persecution and did not have a well-founded fear of future persecution. Khup contends that the record compels a finding that he suffered past persecution and that he more likely than not will be tortured if he is returned to Burma. We agree, and grant his petition for review.

BACKGROUND

Khup alleges that he was persecuted by the Burmese military on account of his religious activities and an imputed political opinion. As the IJ found Khup to be a credible witness, the following facts are drawn from Khup’s testimony at his hearing before the IJ and from Khup’s asylum declaration.

Khup is a Seventh Day Adventist (“Adventist”) who until 1995 lived in Chin State in Burma. Although a majority of the population of Chin State is Christian, the majority religion of Burma is…