USCA11 Case: 20-13045 Date Filed: 09/20/2021 Page: 1 of 15 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-13045 Non-Argument Calendar ________________________ Agency No. A208-277-892 MANIK CHANDRA DEBNATH, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (September 20, 2021) Before WILSON, ROSENBAUM and JILL PRYOR, Circuit Judges. PER CURIAM: USCA11 Case: 20-13045 Date Filed: 09/20/2021 Page: 2 of 15 This petition for review presents the question whether the Board of Immigration Appeals (“BIA”) gave reasoned consideration to petitioner Manik Debnath’s asylum application. Debnath, who is Hindu, sought asylum on the basis that he had suffered past persecution in Bangladesh on account of his religion. In immigration proceedings, Debnath testified that over a several year period before he fled Bangladesh, a group of Muslim individuals regularly extorted money from him and severely beat him several times. Debnath claimed that the attackers targeted him because of his religion and described that, during one of the beatings, the attackers stated they wanted to murder him because he was Hindu. He also explained that the group targeted only Hindu, not Muslim, business owners for extortion. Despite finding Debnath’s testimony credible, the immigration judge denied the asylum petition, determining that Debnath failed to demonstrate a nexus between his religion and the harm he experienced. The BIA affirmed the immigration judge’s determination that Debnath failed to establish a nexus. In this petition, Debnath argues that the BIA failed to give reasoned consideration to his application for asylum. After careful review, we agree. There is no indication in the decisions in this case that the BIA, or the immigration judge for that matter, ever considered Debnath’s strongest evidence of nexus, including his testimony that the attackers stated they wanted to murder Debnath because of his Hindu religion. Because the BIA and immigration judge failed to give 2 USCA11 Case: 20-13045 Date Filed: 09/20/2021 Page: 3 of 15 reasoned consideration to Debnath’s asylum application, we grant Debnath’s petition for review, vacate the BIA’s decision, and remand for further proceedings. I. FACTUAL BACKGROUND Shortly after Debnath entered the United States, the Department of Homeland Security charged him with being removable, alleging that he had entered the United States not in possession of a valid, unexpired immigrant visa or other valid entry document. See 8 U.S.C. § 1182(a)(7)(A)(i)(I). Debnath conceded his removability and filed an application for asylum. 1 He sought asylum on the basis that he had been subjected to persecution in Bangladesh on account of his religion. A. Debnath’s Hearing An immigration judge held a hearing on the merits of Debnath’s asylum application. At the hearing, the immigration judge heard testimony from Debnath and also reviewed documentary evidence he submitted. In his testimony, Debnath described his life before he fled Bangladesh. He testified that he practiced the Hindu religion 2 and operated, out of a local bazaar, a successful jewelry-making business. While living in Bangladesh, Debnath 1 Debnath …
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