Nyandwi v. Garland, No. 20-3215 (7th Cir. 2021)Annotate this Case
Nyandwi, a citizen of Burundi and a native of Tanzania, came to the U.S. as a refugee in 2006 and became a lawful permanent resident. After Nyandwi was convicted of robbery in the second degree, receiving a stolen firearm, and illegal possession of a controlled substance, DHS began removal proceedings under 8 U.S.C. 1227(a)(2)(A)(iii), (B)(i). Nyandwi sought Asylum and Withholding of Removal under the Convention Against Torture (CAT). Nyandwi submitted evidence of country conditions in Burundi and testified that he was an ethnic Twa whose parents fled Burundi in 1996 because of a civil war that resulted in the death of Twas, including his family members. Nyandwi was unable to speak the native language, had no proof of political allegiance to the governing regime, and was unable to pay compulsory election contributions.
The IJ and BIA denied relief. The Seventh Circuit denied a petition for review. The IJ considered the relevant factors such as evidence of past torture, ability to relocate within the country, evidence of grave human rights violations or other relevant country conditions, reflecting a careful analysis of the component parts of a holistic claim, and did not fail to consider critical evidence.