Kamara

Kamara v. Gonzales

Good Law
221 F. App'x 643
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 05-75508California334 words

Opinion

Lead Opinion

MEMORANDUM **

Mohamed Kamara, a native and citizen of Sierra Leone, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We review for substantial evidence, Knezevic v. Ashcroft, 367 F.3d 1206, 1210-11 (9th Cir.2004). We grant the petition and remand in part, and deny the petition in part.

The BIA found that even assuming that Kamara established past persecution, the *644 record showed that Kamara could relocate within Sierra Leone. Substantial evidence does not support this finding because the BIA failed to consider the reasonableness of the relocation, including: whether Kamara would face other serious harm in the place of suggested relocation; any ongoing civil strife within the country; administrative, economic or judicial infrastructure; geographical limitations; and social and cultural constraints, such as age, gender, health, and social and familial ties. See id. at 1214-15 ; see also 8 C.F.R. § 1208.13 (b)(3); Melkonian v. Ashcroft, 320 F.3d 1061, 1069-70 (9th Cir.2003). Because of…

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