Wanjiru v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-3396
Decision Date: 
January 11, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Record failed to contain sufficient evidence to support Bd.’s denial of alien’s application for deferral of removal pursuant to U.N. Convention Against Torture (CAT) where alien based said application on claim that return to Kenya would subject him to death threats from Mungiki due to his prior membership in said group. Remand was required where record supported alien’s claim that Mungiki was violent group that had animosity towards its former members, and where Bd. failed to address alien’s claim that Kenyan govt. had abetted Mengiki’s actions. Moreover, while IJ found that it was unlikely that Mungiki would recognize alien due to his seven-year absence from Kenya, alien presented evidence that his cousin (who had also been former member of Mungiki) had been killed by Mungiki after two-year absence.