Legal Opinion
Malonga v. Holder
Court of Appeals for the Eighth Circuit
Decided September 14, 2010No. 09-2218PublishedCited by 20 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
Noel Malonga, a native and citizen of the Republic of the Congo (“the Congo”), petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying withholding of removal. He claims past persecution and a clear probability of persecution upon return on account of his ethnicity and political opinion. We grant the petition for review and remand for reconsideration of whether he faces a clear probability of persecution based on political opinion.
I
A. Factual Background
In Malonga v. Mukasey, 546 F.3d 546 (8th Cir.2008) (“Malonga I ”), we described the basic…
2Cases cited37 opinions
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- ACOSTABoard of Immigration Appeals · 1985
- Joseph Ngure v. John D. Ashcroft, Attorney General of the United StatesCourt of Appeals for the Eighth Circuit · 2004
- Wolde Amanuel Feleke v. Immigration and Naturalization ServiceCourt of Appeals for the Eighth Circuit · 1997
- C-ABoard of Immigration Appeals · 2006
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3Cited by20 opinions
- Constanza v. HolderCourt of Appeals for the Eighth Circuit · 2011
- Jesus Lara-Nieto v. William P. BarrCourt of Appeals for the Eighth Circuit · 2019
- Kyna La v. Eric H. Holder, Jr.Court of Appeals for the Eighth Circuit · 2012
- Elvira Cano v. William P. BarrCourt of Appeals for the Eighth Circuit · 2020
- Bogale Tegegn v. Eric H. Holder, Jr.Court of Appeals for the Eighth Circuit · 2013
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