The First Circuit has granted petitions for review filed by a Kenyan respondent whose asylum, humanitarian asylum, and withholding claims were denied by the BIA. The Immigration Judge had found the respondent credible and found past persecution on account of family, based on abuse by his father, who was associated with the Mungiki.
The Court found that the BIA failed to address two arguments raised by the respondent: that Kenyan police would target him based on his father’s Mungiki membership, and that police would target him as an ethnic Kikuyu man during crackdowns on Mungiki. Because the BIA did not explain whether it overlooked those arguments or deemed them forfeited, the Court vacated the BIA’s orders and remanded.
The full text of Muchiri v. Blanche can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1340P-01A.pdf