Ngugi v. Lynch, No. 15-2376 (8th Cir. 2016)
Annotate this CasePetitioner, a native and citizen of Kenya and a member of the Kikuyu ethnic group, seeks review of the BIA's decision affirming an IJ's denial of his petition for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded that substantial evidence supports the BIA’s conclusion that petitioner failed to establish his eligibility for asylum. The court concluded that petitioner did not suffer persecution on account of his membership in two particular groups: witnesses to criminal activities of the Mungiki and Kikuyus who resist recruitment by the Mungiki. The court concluded that neither group forms a cognizable particular social group. Petitioner also failed to demonstrate that he had a well-founded fear of persecution based on his membership upon return to Kenya. Because petitioner failed to meet his burden of proof for asylum, he necessarily fails to meet the higher burden of proof required for withholding of removal. Accordingly, the court denied the petition for review.
Court Description: Gruender, Author, with Beam and Murphy, Circuit Judges] Petition for Review - Immigration. Substantial evidence supported the IJ's and BIA's conclusion that petitioner did not suffer persecution on account of his claimed protected grounds of political opinion, religion or membership in a particular social group (witnesses to Mungiki crimes and Kikuyus who resist recruitment by the Mungiki); neither of the social groups petitioner relies on are cognizable particular social groups; petition failed to establish a well-founded fear of future persecution if he returned to Kenya; denial of asylum affirmed.
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