Owino

I. BACKGROUND

Owino is a citizen of Kenya who entered the United States in 1998 on a student visa. Owino was convicted of second degree robbery in California in 2003. After serving his three- year sentence, he was detained by the Department of Home- land Security and served with a notice to appear, alleging he was subject to removal under 8 U.S.C. § 1227(a)(2)(A)(iii), which covers aliens convicted of an aggravated felony. Owino 1 In a related case, Owino challenges the legality of his civil confinement by the Department of Homeland Security. We concurrently decide that appeal in Owino v. Napolitano, 08-56392. 10634 OWINO v. HOLDER admitted all factual allegations and applied for asylum, with- holding of removal and CAT relief. He testified before an immigration judge (“IJ”) that he feared returning to Kenya because on two occasions he had been violently abused by police for his public criticism of the government and his sup- port of women’s rights. After that hearing, Owino submitted for the record a letter from his brother, warning him not to return to Kenya because the police would kill him if he returned. At Owino’s final hearing, his brother was available…