CA4 on Tanzania, Mental Illness, Social Group: Temu v. Holder

"Tumaini Temu is a Tanzanian national who suffers from severe bipolar disorder. In his home country, Mr. Temu was tortured by nurses and prison guards because of his illness. After entering the United States, he applied for asylum, arguing that he was persecuted because of his membership in a particular social group. The Board of Immigration Appeals (“BIA”) denied his application, finding that Mr. Temu was not a member of a social group under the Immigration and Nationality Act (“INA”), and even if he was, Mr. Temu did not show that he was persecuted because of membership in this group. Because we agree with Mr. Temu that the BIA’s opinion rests on factual and legal errors, we grant Mr. Temu’s petition for review, vacate the BIA’s order, and remand for further proceedings consistent with this opinion." - Temu v. Holder, Jan. 16, 2014.  [Hats off to Katie Bukrinsky, Thomas Joseph Tynan, Paul M. Thompson, Steven Hannes and Stephen Dekovich!}