Legal Opinion
Martin Kinyanjui Njuguna v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided June 28, 2004No. 02-73143PublishedCited by 101 opinions
1Opinion of the Court
HUG, Circuit Judge:
We are called on to determine whether substantial evidence supports the Board of Immigration Appeals’ (“BIA”) determination that petitioner, Martin Kinyanjui Nju-guna is ineligible for asylum and withholding of deportation. We hold that there is not substantial evidence supporting the BIA decision and accordingly grant the petition for review. 1
Factual Background
Njuguna is a citizen of Kenya who entered the United States on a visitor’s visa in 1987 and overstayed its expiration. He asserts a well-founded fear of persecution because of political opinion as the basis for his…
2Cases cited22 opinions
- Immigration & Naturalization Service v. Elias-ZacariasSupreme Court of the United States · 1992
- Immigration & Naturalization Service v. StevicSupreme Court of the United States · 1984
- Gerardo Bibiano Falcon Carriche Theresa v. De Falcon Carriche and Christina Pamela Falcon Bibiano v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Valentina A. Nagoulko v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- Baljinder Singh SANGHA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1997
17 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- Selamawit Zehatye v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- Manzur v. U.S. Department of Homeland SecurityCourt of Appeals for the Second Circuit · 2007
- Viktor Yaroslavovich Sagaydak Nataliya Bogdanivna Sagaydak v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Tamang v. HolderCourt of Appeals for the Ninth Circuit · 2010
- Ahmed v. KeislerCourt of Appeals for the Ninth Circuit · 2007
96 more not listed; retrieve them via the Exa API.