Malonga v. Mukasey

BRIGHT, Circuit Judge.

Noel Malonga petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his claims for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Having jurisdiction under 8 U.S.C. § 1252(a), we deny Malonga’s petition as it relates to his asylum and CAT claims, but grant the petition on his withholding of removal claim. We vacate the BIA’s decision refusing to withhold removal and remand for new findings.

I. BACKGROUND

A. Procedural Background

Malonga, a native and citizen of the Republic of Congo (“Congo”),…