George Nyamu v. Eric H. Holder Jr.

MEMORANDUM

Petitioner George Nyamu, a native and citizen of Kenya, petitions for review of those portions of the final order of the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of removal. Specifically, Nyamu challenges three of the BIA’s holdings: (1) that the past harms that Nyamu suffered did not constitute “persecution” within the meaning of 8 U.S.C. § 1101 (a)(42)(A); (2) that, even if he had suffered persecution, it was not “on account of’ his political opinion; and (3) that he was capable of safely relocating within Kenya. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review and remand to the BIA for further proceedings.

The BIA assumed, without deciding, that Nyamu was credible. On this appeal, we likewise assume, but do not determine, Nyamu’s credibility. Navas v. INS, 217 F.3d 646, 657 (9th Cir.2000).

We address first the BIA’s holding regarding the existence of persecution. The BIA fails to take into account the multiple death threats that Nyamu received. This itself warrants reversal. Yeghiazaryan v. Gonzales, 439 F.3d 994, 1000 (9th Cir.2006) (due process requires that the BIA “review all…