Jones Day wins case through Seventh Circuit’s Pro Bono Program
Clients Client K.W.
Jones Day’s client, K.W., came to the U.S. from Kenya on a student visa as a way to get away from a violent gang-the Mungiki-which he had joined at the age of 14 at the invitation of his teacher, who had never disclosed the gang’s violent activities to him. K.W. came to the attention of the U.S. immigration authorities after he pleaded guilty to a sexual misconduct misdemeanor. In his merits hearing before the immigration judge, K.W. sought deferral of removal under the Convention Against Torture, stating that he feared he would be killed if he returned to Kenya on account of his former membership in the Mungiki, which pursues defectors. The immigration judge and the Board of Immigration Appeals denied this relief, concluding that K.W. had failed to prove that the gang would pursue him and/or that the Kenyan authorities would not protect him.
Under the supervision of Chicago partner Brian Murray, Dennis Murashko succeeded in obtaining a stay of removal (K.W. is in detention in Alabama pending these proceedings) and a vacate/remand on the merits. Specifically, the Seventh Circuit found that both the documentary evidence and K.W.’s testimony (which the immigration judge found credible) support the conclusion that the Mungiki would probably murder K.W. with the acquiescence of Kenyan government officials if he ever returned to Kenya.