Fahim Kaiser Faiza Fahim Sheryar Kaiser Anushay Fahim v. John Ashcroft, Attorney General

Petitioners, Fahim Kaiser (“Kaiser”), his wife, and their two minor children, natives and citizens of Pakistan, petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the denial of their applications for asylum and withholding of removal. We hold that the BIA erred in denying asylum eligibility, but affirm the BIA’s denial of withholding of deportation.

BACKGROUND

In 2000, the Immigration and Naturalization Service initiated removal proceedings against Petitioners, charging them with being subject to removal from the United States as aliens who had overstayed their visas. Petitioners conceded removability, but applied for relief from removal on the basis of fear of persecution. In their application for asylum and withholding of removal, Petitioners explained that they fear persecution if returned to Pakistan because their lives were threatened by the Muttahida Quami Movement (“MQM”), a political party that has demonstrated its willingness to use violence to further its aims.

At the hearing before the Immigration Judge (“IJ”), Kaiser and his wife explained the basis for their fear of persecution. Kaiser served as a commissioned officer in the…