CA8 on Kenya, Mungiki Defectors: Gathungu v. Holder

CA8 on Kenya, Mungiki Defectors: Gathungu v. Holder

"[W]e hold that Mungiki defectors constitute a "particular social group" and that the record compels the conclusion that the Kenyan government is unwilling or unable to control the Mungiki. Thus, the BIA erred in denying petitioners' claims on the merits. The only remaining grounds for denying petitioners' claims is the IJ's adverse credibility findings, which the BIA did not consider. We conclude the BIA abused its discretion in denying petitioners' motion to remand to allow Wanjiku to testify in person because Wanjiku's testimony, if credited, is likely to change the IJ's credibility findings and thus change the outcome of this case. ... We grant the petition for review and remand for further proceedings consistent with this opinion." - Gathungu v. Holder, Aug. 6, 2013.  [Hats off to pro bono counsel F. Matthew Ralph!]