DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

122489P.pdf   08/06/2013  Francis Gathungu  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  12-2489
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Smith and Benton, Circuit Judges] 
   Petition for Review - immigration. Petition for review is granted, as BIA 
   misapplied the "social visibility" criterion when it ruled Mungiki 
   defectors were not a "particular social group." Based on the record, 
   Mungiki defectors constitute a "particular social group," and the record 
   compels a conclusion that the Kenyan government is unable or unwilling to 
   stop Mungiki's violent attacks on defectors. The BIA abused its discretion 
   in refusing to remand to allow petitioner's sister to testify in person, 
   as her testimony would likely change the result in this case, as testimony 
   would corroborate petitioners' claims.