Munga

Munga v. Holder

Good Law
325 F. App'x 605
United States Court of Appeals for the Ninth CircuitMay 21, 2009No. 06-73568California391 words

Opinion

Lead Opinion

MEMORANDUM **

Edward Mancharía Munga, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Kumar v. INS, 204 F.3d 931, 933 (9th Cir.2000), and we grant in part and deny in part the petition for review.

Substantial evidence does not support the agency’s denial of asylum based on a finding that changed country conditions in Kenya rebutted the presumption of a well-founded fear of future persecution. The IJ did not provide an individualized analysis of how changed country conditions in Kenya will affect Munga’s well-founded fear. See Hanna v. Keisler, 506 F.3d 933, 938 (9th Cir.2007); see also Mousa v. Mukasey, 530 F.3d 1025, 1030 (9th Cir.2008). In particular, the IJ did not consider Munga’s statements that some of the same KANU members who persecuted him continue to be in power.

Further, substantial evidence does not support the agency’s denial of withholding of removal. See…

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