Thursday, May 24th, 2018

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