Unpub. BIA Asylum Victory, Cameroon, Political Opinion

Unpub. BIA Asylum Victory, Cameroon, Political Opinion

"[T]he Immigration Judge found that, despite her finding that the respondent lacked credibility, the evidence of record - to particularly include the credible testimony of one of the respondent's witnesses, Mr. Jean Claude Nkem-Kong-Nkem -otherwise established that the respondent had experienced past persecution in Cameroon on account of a protected ground under the Act, to wit: his political opinion ... In cases where the respondent has demonstrated past persecution, the DHS bears the burden of establishing by a preponderance of the evidence that conditions have fundamentally changed such that he or she no longer has a well-founded fear of persecution in his or her home country, or that he or she could avoid persecution by relocating to another part of the country.  8. C.F.R. § 1208.1 3(b)(l)(i).  The Immigration Judge found that the DHS had met its burden of rebutting the presumption, and denied the respondent's application for asylum on that basis.  We agree with the respondent's argument on appeal that the Immigration Judge's determination in this regard is legally incorrect (and, to the extent factual, clearly erroneous), and must be reversed." - Matter of Samba, A088·046·199, Dec. 19, 2013, unpublished.  [Hats off to Maureen J. Johnson!]