Ndambo v. Holder
**One yr. bar, asy.; wh, FGM; CAT, gov.acquiesence**
The Court does not have jurisdiction to review the IJ’s determination that Ndambo is time-barred from filing her asylum application. Ndambo’s counsel conceded at oral argument that whether changed circumstances exist in this case is a question of disputed facts. As for withholding, evidence does not compel the conclusion that it is more likely than not that Ndambo’s life or freedom would be threatened if she returned to Kenya. During the years after she separated from her husband and lived in Nairobi, although she received threats, she was not subject to physical harm. Ndambo also does not qualify for relief under the CAT as she did not provide any evidence that the Kenyan government consents or acquiesces to the performance of FGM. Further, Ndambo’s counsel conceded at oral argument that she had abandoned her CAT claim.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/01/25/04-72147.pdf
newimmigrationcases
