Njoroge v. Holder, Jr.

Petitioner, a Kenyan citizen, sought review of the BIA's order upholding the IJ's denial of her motion for a continuance and her request for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner asserted that she feared she would be subjected to female genital mutilation (FGM) if she returned to Kenya. Assuming, without deciding, that the IJ violated petitioner's statutory right to counsel by not at least calling her counsel to see that her statutory right to counsel was honored, petitioner cannot prove prejudice. Here, neither petitioner nor her counsel has set forth evidence affirmatively proving that petitioner was entitled to the relief that she seeks. Accordingly, the court denied the petition for review. View "Njoroge v. Holder, Jr." on Justia Law