Mohamed Kamara v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MOHAMED KAMARA, No. 10-72403
Petitioner, Agency No. A097-113-011
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013 **
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Mohamed Kamara, a native and citizen of Sierra Leone, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an Immigration Judge’s (“IJ”) decision denying his applications for asylum
and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
review the agency’s factual findings for substantial evidence. See Hanna v.
Keisler, 506 F.3d 933, 937 (9th Cir. 2007). We deny in part and grant in part the
petition for review, and we remand.
Substantial evidence supports the agency’s determination that the
government rebutted the presumption that Kamara has a well-founded fear of
persecution if he is returned to Sierra Leone. See Sowe v. Mukasey, 538 F.3d 1281,
1285-87 (9th Cir. 2008) (evidence of fundamental changes in Sierra Leone
rebutted the presumption of a well-founded fear of future persecution).
Substantial evidence also supports the agency’s determination that Kamara
failed to establish eligibility for humanitarian asylum under 8 C.F.R.
§ 1208.13(b)(iii)(A) based on the severity of past persecution. See Vongsakdy v.
INS, 171 F.3d 1203, 1205 (9th Cir. 1999) (humanitarian relief based on severity of
past harm is reserved for cases of “atrocious” persecution). However, substantial
evidence does not support the agency’s finding that Kamara failed to establish
“that there is a reasonable possibility that [he] . . . may suffer other serious harm
upon removal” to Sierra Leone. See 8 C.F.R. § 1208.13(b)(iii)(B). We remand to
the BIA to consider whether to grant Kamara humanitarian relief as a matter of
discretion.
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Finally, since the government rebutted the well-founded fear of future
persecution, Kamara’s withholding of removal claim fails. See Sowe, 538 F.3d at
1288.
Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW GRANTED in part; DENIED in part; and
REMANDED.
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