Martin Kinyanjui Njuguna v. John Ashcroft, Attorney General

We are called on to determine whether substantial evidence supports the Board of Immigration Appeals’ (“BIA”) determination that petitioner, Martin Kinyanjui Nju-guna is ineligible for asylum and withholding of deportation. We hold that there is not substantial evidence supporting the BIA decision and accordingly grant the petition for review.

Factual Background

Njuguna is a citizen of Kenya who entered the United States on a visitor’s visa in 1987 and overstayed its expiration. He asserts a well-founded fear of persecution because of political opinion as the basis for his asylum eligibility. Njuguna’s asserted fear of persecution stems from his assisting two Kenyan women escape from the Saudi royal family’s employ while they were accompanying the family on a visit to the United States.

In October 1995, the Saudi royal family approached Nicholas Biwott, a highly placed Kenyan Minister, and requested that he refer two Kenyan women who could work for the family as domestic servants. Biwott asked his own maid, Nelius Hianyu, to provide two names. Hianyu referred Eunice Musembi and Priscilla Wainjiku to Biwott as possible candidates. The two women interviewed with the royal family,…