9th Circuit Says Ghanaian Baptist Preacher Entitled To Asylum

In Afriyie v. Holder, (9th Cir., July 26, 2010), the 9th Circuit held that a citizen of Ghana should have been granted asylum in the United States based on his persecution in Ghana by private parties who objected to his proselytizing as a Baptist preacher in predominately Muslim areas of the country. Persecution by private parties is a basis for asylum if the government is unable or unwilling to control the persecution. The court concluded that reporting persecution to the government is not essential to demonstrating that the government is unable or unwilling to protect a person from private actors. It is enough to show a lack of police resources that result in the police being unable to provide protection. The court also remanded for further findings appellant's claim for relief under the Convention Against Torture. Courthouse News Service reports on the decision.