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NJUGUNA v. ASHCROFT

No. 02-73143.

374 F.3d 765 (2004)

Martin Kinyanjui NJUGUNA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2004.

Attorney(s) appearing for the Case

Duane M. Hamilton, Chow & Hamilton, Buena Park, CA, for the petitioner.

Alison R. Drucker, Attorney and John Andre, Senior Litigation Counsel, United States Department of Justice, Washington, DC, for the respondent.

Before HUG, JR., B. FLETCHER, and WARDLAW, Circuit Judges.

HUG, Circuit Judge:

We are called on to determine whether substantial evidence supports the Board of Immigration Appeals' ("BIA") determination that petitioner, Martin Kinyanjui Njuguna is ineligible for asylum and withholding of deportation. We hold that there is not substantial evidence supporting the BIA decision and accordingly grant the petition for review.1

Factual Background

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