092218P.pdf   09/14/2010  Noel Malonga  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  09-2218
   Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Smith and Colloton, Circuit Judges]
   Petition for Review - Immigration. For the court's prior opinion in the
   matter see Malonga v. Mukasey, 546 F.3d 546 (8th Cir. 2006), which
   granted the petition for review and remanded the matter for further
   proceedings on withholding of removal. The Immigration Judge and the
   BIA did not err in finding that the instances of mistreatment cited by
   petitioner did not establish that he had been subjected to past persecution
   on a protected ground; however, with respect to petitioner's claim that he
   faced a clear probability of future persecution on account of his ethnicity 
   if he returned to the Congo, the IJ's finding that there was little evidence
   to conclude that petitioner would be singled out because of his ethnicity
   is not erroneous; however, with respect to petitioner's claim that he
   would be persecuted on the basis of his political beliefs, it is not possible
   to determine whether the IJ and BIA recognized and considered
   petitioner's current political activities and affiliations as part of the
   analysis; on remand, the agency should consider these activities and
   affiliations and determine whether a pattern and practice of persecution
   exists in the Congo as to actual and imputed political dissidents;
   additionally, the agency should determine whether petitioner as a Lari
   from the Pool who has been an active opponent of several regimes is
   similarly situated to such dissidents; on remand, the BIA is free to
   supplement the record with more current materials regarding conditions
   in the Congo. Judge Colloton, dissenting.