Legal Opinion

Khagendra Sharma v. Eric Holder, Jr.

Court of Appeals for the Fifth Circuit

Decided August 30, 2013No. 12-60547PublishedCited by 46 opinions

1Opinion of the Court

JAMES E. GRAVES, JR., Circuit Judge:

Nepalese citizen Khagendra Sharma petitions for review of the Board of Immigration Appeals (BIA) denial of his application for asylum and withholding of removal under 8 U.S.C. § 1252(b) and the Convention Against Torture (CAT), arguing that he had been subjected to past persecution and feared future persecution in Nepal based on his political opinion and membership in a particular social group, the Nepal Student Union (NSU). Because we find that the Immigration Judge (IJ) and BIA incorrectly required Sharma to produce direct proof of the nexus between his…

2Cases cited13 opinions

  1. Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
  2. Soadjede v. AshcroftCourt of Appeals for the Fifth Circuit · 2003
  3. Hekmat Wadih Mikhael v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1997
  4. Jose Orellana-Monson v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2012
  5. Omari v. HolderCourt of Appeals for the Fifth Circuit · 2009

8 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Joel Hernandez-De La Cruz v. Loretta LynchCourt of Appeals for the Fifth Circuit · 2016
  2. Sealed v. SealedCourt of Appeals for the Fifth Circuit · 2016
  3. Lesly Odelia Cabrera v. Jefferson Sessions, IIICourt of Appeals for the Fifth Circuit · 2018
  4. Victor Revencu v. Jefferson Sessions, IIICourt of Appeals for the Fifth Circuit · 2018
  5. Jaco v. GarlandCourt of Appeals for the Fifth Circuit · 2021

41 more not listed; retrieve them via the Exa API.

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