A federal appeals court has sent a case back to the Board of Immigration Appeals to “fully consider” whether the Taliban would persecute a Pakistani political and peace activist and his family if they’re denied asylum.

On Thursday, the U.S. Court of Appeals for the First Circuit in Khattak v. Holder vacated the board’s December 2011 order, which affirmed an immigration judge’s May 2010 denial of the family’s joint asylum application, and remanded the case.