Mustafa v. Holder, No. 12-2456 (7th Cir. 2013)
Annotate this CaseMustafa, a citizen of Pakistan, and his family entered the U.S. legally as non-immigrant visitors in 2003. Two days before the expiration of his visa, Mustafa filed an application for asylum and withholding of removal. Mustafa claimed that as a member of the Nawaz faction of the Pakistani Muslim League political party, he fears if he were to return to Pakistan, he would be targeted for having cooperated with the opposition government by providing information about the financial affairs of his former employer, who is also a former Pakistani Senator. The Board of Immigration Appeals affirmed the immigration judge’s denial of their applications, finding that Mustafa could not establish a fear of future persecution on account of a protected statutory ground because the threats and attacks Mustafa had experienced before coming to the U.S. were motivated solely by a personal dispute between Mustafa and his former boss and that he had not shown that the current government would persecute him on account of his membership in the PML-N. The Seventh Circuit remanded for further proceedings because the conclusion that Mustafa’s attackers were motivated solely by a desire for personal revenge was unsupported by substantial evidence.
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