Kiegemwe v. Holder, No. 09-3816 (6th Cir. Aug. 17, 2011) (unpublished)

The three petitioners were part of a group of boy scouts seeking asylum from Tanzania.  The fourth member of the group received asylum in a case originating in the Third Circuit, in Pennsylvania. 420 F.3d 193 (3rd Cir. 2005).

The BIA found their applications timely but found that they lacked a well-founded fear of persecution.  They did not assert past persecution.  The Sixth Circuit reversed.

The BIA disregarded the decision from the Third Circuit and the resulting grant of asylum.  The Sixth Circuit, while acknowledging that it was not binding, agreed that similarly-situated individuals should be treated the same.

Because they were credible, the court found that the BIA's well-founded fear denial could not stand. The agency substituted speculation for expert testimony.

The two concurring opinions strongly criticized the inconsistent results by the agency and the failure to articulate basis for reaching those results.