Nnachi-Anydiegwu

Nnachi-Anydiegwu v. Gonzales

Good Law
134 F. App'x 171
United States Court of Appeals for the Ninth CircuitJune 14, 2005No. 03-72996California861 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Kachi Faustina Nnachi-Anydiegwu, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’s (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Although the BIA disagreed with the IJ’s finding of adverse credibility, it agreed that Nnachi-Anydiegwu failed to demonstrate that her past persecution and fear of future persecution were related to her religion, political opinion, or membership in a particular social group. The BIA also agreed that she failed to establish that there was a clear probability of persecution or that it was more likely than not that she would be subjected to torture if returned to Nigeria. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition in part, *173 grant the petition in part, and remand for further proceedings.

An alien seeking asylum must show that she is “unable or unwilling” to return to her country of origin “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or…

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