Matter of R-K- (January-February 2018)

Dismissed in part and remanded in part

Respondent here complained he had fear of returning to Uzbekistan on account of one of the protected grounds. Judge found against him and erred in allowing the Government not to rebut the presumption of future persecution established by the respondent having been able to establish past persecution. This appeal followed. While the Board agreed with the judge on the decision on CAT claim, more interestingly here, it agreed with the respondent on the presumption rebuttal issue.