In Malonga v. Holder, No. 09-2218, a petition for review of the BIA’s denial of petitioner’s application for withholding of removal, the court granted the petition where 1) the court could not say the record shows more than periodic instances of mistreatment that did not rise to the level of persecution and other incidents that could not be clearly connected to a protected ground; 2) the court could not tell from the BIA’s opinion whether it considered petitioner’s political activities after he left the Congo; and 3) the BIA’s pattern and practice analysis failed to account for the risks petitioner argued he would face as an actual or imputed political dissident.
Related Resources
- Full Text of Malonga v. Holder, No. 09-2218
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