Bosibori

MEMORANDUM *

Nancy Jerusa Bosibori petitions for review of the Board of Immigration Appeals’ (BIA’s) affirmance, using the streamlining procedure, of the Immigration Judge’s (IJ’s) denial of her request for asylum and withholding of removal. We grant the petition based on her asylum claim. We deny it as to withholding of removal. Moreover, we reject her due process challenge to the streamlining procedures.

In light of Bosibori’s credible testimony 1 —both written and oral — and extensive supporting documentation, we conclude that any reasonable fact-finder would be compelled to find that she suffered past persecution on account of her membership in a particular social group, the Kisii tribe. 2 Although she did not establish that tribal animus motivated the break-in, she provided sufficient evidence that tribal animus motivated the attack on her and her family while they traveled through Masai-controlled territory. Bosibori provided credible testimony that tribal animus caused the subsequent surveillance of herself and her family: She testified that the surveillance began after the family reported the attack to police and that the Masai particularly dislike members of other…