Nsimba v. Attorney General United States, No. 20-3565 (3d Cir. 2021)
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Nsimba was born in the Congo in 1992. His wife and his children still live there. In 2011, Nsimba joined the largest political party, UDPS, which opposed the policies of then-President Kabila. When it became apparent that the head of UDPS, Tshisekedi, and Kabila were conspiring to ensure that Tshisekedi would succeed Kabila in the 2018 elections, Nsimba left UDPS. He and Fabrice co-founded Liberté Congolaise to oppose Kabila. Nsimba also actively participated in political demonstrations opposing Kabila and Tshisekedi. Tshisekedi became president. In 2019, Nsimba was targeted for his protest activities. Fabrice disappeared after being arrested. Days later, police forcibly entered Nsimba’s home and informed Nsimba’s family that they intended to arrest him. Nsimba escaped and hid in his aunt’s home, 385 miles away. The National Criminal Police issued ordered him to appear on a certain date. Nsimba fled to the United States, by exploiting personal contacts and bribes.
The Third Circuit vacated the BIA ruling upholding the denial of Nsimba’s petition for asylum, 8 U.S.C. 1101(a)(42)(A), 1158(b)(1)(B). The Congo has a history and practice, of persecuting political objectors; Nsimba faced an individualized risk of persecution. Nsimba credibly testified that when fleeing the country, a government official told him never to return. “There is simply no way that the fair and objective reading of this record that the law requires can support a conclusion that Nsimba has not established that his fear of returning ... was objectively reasonable.”
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