01/13/2013 03:32:08 PM EST
CA7 on Jurisdiction, CAT, Kenya: Wanjiru v. Holder
"Since there is a split in the circuits on this point ... we think it prudent to explain further why § 1252(a)(2)(C) does not bar judicial review of a request for deferral of removal. ... Here both the documentary evidence and Wanjiru’s testimony (which, to repeat, the IJ found credible) support the conclusion that the Mungiki will probably murder Wanjiru with the acquiescence of Kenyan government officials, if he is returned. ... The petition for review is GRANTED and the case is REMANDED to the Board of Immigration Appeals for further proceedings consistent with this opinion." - Wanjiru v. Holder, Jan. 11, 2013. [Hats off to CJA appointed counsel Dennis Murashko and Brian J. Murray!]