Mohamed Kamara v. Eric Holder, Jr.

MEMORANDUM

Mohamed Kamara, a native and citizen of Sierra Leone, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an Immigration Judge’s (“IJ”) decision denying his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the agency’s factual findings for substantial evidence. See Hanna v. Keisler, 506 F.3d 988, 937 (9th Cir.2007). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the agency’s determination that the government rebutted the presumption that Kamara has a well-founded fear of persecution if he is returned to Sierra Leone. See Sowe v. Mukasey, 538 F.3d 1281, 1285-87 (9th Cir.2008) (evidence of fundamental changes in Sierra Leone rebutted the presumption of a well-founded fear of future persecution).

Substantial evidence also supports the agency’s determination that Kamara failed to establish eligibility for humanitarian asylum under 8 C.F.R. § 1208.13 (b)(iii)(A) based on the severity of past persecution. See Vongsakdy v. INS, 171 F.3d 1203, 1205 (9th Cir.1999) (humanitarian relief based on severity of past…