James Kanagu v. Eric H. Holder, Jr.
781 F.3d 912
| 8th Cir. | 2015Background
- Kanagu, a Kenyan citizen, entered the U.S. in 2009 without valid entry documents and faced removal proceedings.
- He sought asylum, withholding of removal, and CAT relief, alleging persecution for opposing the Mungiki and supporting vigilantes.
- The IJ found Kanagu credible but denied relief, concluding his harm was not persecution and not tied to a protected ground as a particular social group.
- BIA affirmed, agreeing that Kanagu’s proposed group lacked cognizable social group status and that harm was extortionate rather than group-based.
- Kanagu petitions for review, arguing errors about group membership, nexus, humanitarian asylum, and changes in BIA precedent on particular social groups.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vigilante group constitutes a cognizable PSG | Kanagu claims the vigilantism group is a distinct PSG. | BIA/IJ treated only 'individuals openly opposing the Mungiki sect' as the relevant group and found it not cognizable. | Group not cognizable; remand not warranted. |
| Whether membership was at least one central reason for the harm | Emails and testimony show targeting due to group membership. | Harm focused on extortion and money, not group membership. | Record does not compel finding of nexus to a protected ground. |
| Whether humanitarian asylum or the IJ's persecution finding requires remand | Error in persecution finding and failure to grant humanitarian asylum. | Without nexus, humanitarian relief is unavailable; remand unnecessary. | Remand declined; humanitarian asylum not available absent persecution. |
| Whether intervening BIA precedents alter the applicable law requiring remand | New BIA social-group standards could affect outcome. | No authority showing remand is required based on new precedents. | Declined remand; change in precedent not grounds to reverse. |
Key Cases Cited
- Gaitan v. Holder, 671 F.3d 678 (8th Cir. 2012) (abuse of discretion standard for asylum determinations)
- Hassan v. Gonzales, 484 F.3d 513 (8th Cir. 2007) (substantial evidence review in asylum cases)
- Al Yatim v. Mukasey, 531 F.3d 584 (8th Cir. 2008) (substantial evidence standard for factual findings)
- Averianova v. Holder, 592 F.3d 931 (8th Cir. 2010) (presumption of regularity; BIA must consider evidence)
- Doe v. Holder, 651 F.3d 824 (8th Cir. 2011) (BIA need not list every factor; general consideration suffices)
- Lengkong v. Gonzales, 478 F.3d 859 (8th Cir. 2007) (persecution not compelled when harm is widespread not group-specific)
- Gomez v. Gonzales, 425 F.3d 543 (8th Cir. 2005) (recorded persecution not compelled to prove nexus)