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Administrative Law Keyed to Popper
Ngure v. Ashcroft
Citation:
367 F.3d 975 (2004)Facts
Joseph Ngure, a member of Kenya’s Kikuyu tribe, entered the United States in August 1995 on a J-1 visa to attend Principia College in Illinois. His visa permitted him to stay until June 1996, but he remained beyond that date. In January 2000, the INS issued a Notice to Appear charging him with removability. Ngure admitted he was removable but applied for asylum, withholding of removal, and relief under the Convention Against Torture in May 2000. Ngure claimed he faced persecution in Kenya based on his participation in pro-democracy demonstrations in 1987, 1990, and 1994, during which he was arrested and, in 1990, detained for three weeks and subjected to physical mistreatment. He also claimed persecution based on his Christian Science faith and his Kikuyu ethnicity. After leaving Kenya, an arrest warrant was issued for his failure to report to police as required by a recognizance bond from his 1994 arrest. The Immigration Judge denied all his claims, finding his asylum application untimely and, alternatively, that he failed to establish past persecution or a well-founded fear of future persecution. The BIA affirmed without opinion.
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