DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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073702P.pdf 09/18/2008 Elizabeth Ngengwe v. Michael Mukasey
U.S. Court of Appeals Case No: 07-3702
Board of Immigration Appeals
[PUBLISHED] [Benton, Author, with Arnold and Melloy, Circuit Judges]
Petition for review - immigration. The BIA erred in rejecting
petitioner's asserted social group - Cameroonian widows - as
Cameroonian widows share an immutable characteristic based on their
gender and are viewed by Cameroonian society as being members of a
particular social group; given the evidence in the record that the
Cameroonian government would not protect petitioner from her in-laws,
the court finds no substantial evidence to support the IJ's and BIA's
decision that petitioner failed to establish that she had suffered at the
hands of people the government was unwilling or unable to control; in
finding that petitioner had not suffered past persecution, the IJ and the
BIA failed to consider all of the non-physical persecution petitioner had
suffered, and the matter must be remanded to determine whether the
combination of all of these actions constitutes past persecution; the case
is also remanded to the BIA to determine whether petitioner had a
reasonably objective basis to fear future persecution.