Khan v. Mukasey (9/10/08)

LYNCH, Selya and Howard

Khan came to the United States in April of 2001 to flee persecution by Sunni Muslims in Pakistan who threatened Khan because of his outspoken Shi’ite faith.  Khan did not apply for asylum in the United States and instead sought asylum in Canada in 2002.  After being denied asylum in Canada, Khan returned to the United States in 2004 and then applied for asylum, withholding and CAT in the United States.  The BIA declined to review the IJ’s credibility determination and instead denied Khan’s asylum application based on a finding that Khan had not submitted corroborating evidence that was easily obtainable.  Mainly, the BIA and the 1st Cir. focused on Khan’s failure to provide a copy of the asylum application he submitted in Canada and lack of proof that Canadian officials still had his Pakistani passport. The Court agreed with the BIA that since Canada is a “friendly government, not the government of the country which he said he was fleeing” it should have been possible for Khan to obtain the asylum application and passport.

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