Serious nonpolitical crime has to be viewed in context

Berhane v. Holder, 606 F.3d 819 (6th Cir. 2010), http://www.ca6.uscourts.gov/opinions.pdf/10a0164p-06.pdf.

In this case, the BIA affirmed a denial of asylum and withholding because, it concluded, the alien committed a serious nonpolitical crime abroad when he engaged in protests against the military dictatorship in Ethiopia.  The Sixth Circuit reversed and remanded.  Throwing rocks at the police during a political demonstration is not per se a serious nonpolitical crime.  Because there was both a criminal and political aspect to the protests, and because the agency was not clear in its decision and it did not consider the alien's claim of self-defense, the court remanded.

Although the court is willing to defer to the agency, the agency must still provide a reasoned explanation.