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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...

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...

CA9 on Kenya, Evidence, Confidentiality, Authentication: Owino II

"... Owino petitioned for review and we granted the petition. Owino v. Holder , 575 F.3d 956 (9th Cir. 2009) (per curiam). ... The BIA dismissed Owino’s appeal on April 23, 2012. It affirmed the IJ’s denial of Owino’s motion to admit additional evidence, reasoning that Owino had...