The following excerpt is from Shuyi v. Lynch, 12-2124 NAC (2nd Cir. 2016):
Four elements must exist before the persecutor bar applies. See Balachova v. Mukasey, 547 F.3d 374, 384 (2d Cir. 2008). "First, the alien must have been involved in acts of persecution." Id. Second, a "nexus must be shown between the persecution and the victim's race, religion, nationality, membership in a particular social group, or political opinion." Id. Third, if the alien "did not incite, order, or actively carry out the persecutory acts, [he] must have assisted the persecution." Id. (internal quotation marks omitted). Finally, the applicant must have had "sufficient knowledge that his . . . actions [would] assist in persecution." Id. at 385.
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