Third Circuit on social group, Chevron, exhaustion: Valdiviezo-Gamez II

"In Lin v. Attorney General, 543 F.3d 114 (3d Cir. 2008), we held that “the BIA’s consideration of an issue is sufficient to provide us with jurisdiction over that issue" even if the petitioner fails to raise the issue before the BIA. 543 F.3d at 123 n.7. Here, the BIA held that...

CA1 on asylum, social group, Peru: Castañeda-Castillo v. Holder (Castañeda V)

"Before this court is a motion for final judgment filed by Petitioners David Eduardo Castañeda-Castillo ("Castañeda"), his wife, and his daughter. We grant this motion over the government's objection. With this judgment, this court brings to an end a case that has been...

Asylum Victory in Arlington: El Salvador, MS-13, Social Group

Attorney Jean C. Han writes: "Attached please find a redacted opinion by Judge Schmidt in Arlington in a gang-related asylum case from June 12, 2012. He found that my client would more likely than not be persecuted on account of MS-13 if she were to return to El Salvador and granted asylum and withholding...

CA2 on Social Group, Mixed Motive: Diallo v. Holder (unpub.)

C. Mario Russell writes: "Please join me in congratulating Elizabeth Fitzgerald, St. John's Law School Refugee and Immigrant Rights Clinic (2011-2012), whose petition for review in the asylum case of Amadou Diallo was granted last week by the Court of Appeals for the Second Circuit. ( Decision...

IJ: 'Women in El Salvador' a Social Group for Asylum

"Respondent has demonstrated that she is a member of the particular social group consisting of "women in EI Salvador" and that the persecution she fears is on account of her membership in that group. ... Respondent has a well-founded fear of future persecution on account of her membership...

CA2 on Social Group, Cooperating Witnesses: Gashi v. Holder

"Azem Gashi, a citizen of Serbia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the oral decision of Immigration Judge (“IJ”) Alan A. Vomacka, which denied Gashi’s application for asylum, withholding of removal, and relief under...

CA8 on Kenya, Mungiki Defectors: Gathungu v. Holder

"[W]e hold that Mungiki defectors constitute a "particular social group" and that the record compels the conclusion that the Kenyan government is unwilling or unable to control the Mungiki. Thus, the BIA erred in denying petitioners' claims on the merits. The only remaining grounds...

CA7 on Social Group: Cece v. Holder

"The immigration judge granted Cece asylum in 2006, concluding that she belonged to the group of “young women who are targeted for prostitution by traffickers in Albania,” and that the Albanian government was unwilling or unable to protect such women. ... The Board dismissed Cece’s...

Asylum Granted by Cleveland IJ: Guatemalan Women Unable to Leave Common-Law Marriage

"Respondent has established that Guatemalan women who are unable to leave a common law relationship is a particular social group. ... Considering these actions in context with the fact that most such violence in Guatemala is motivated by gender, the Court finds that the Respondent has demonstrated...

Particular Social Group Practice Advisory: Applying for Asylum After Matter of M-E-V-G- and Matter of W-G-R

"This practice advisory is primarily intended for attorneys practicing within the jurisdiction of the Seventh Circuit. Attorneys practicing within other jurisdictions are encouraged to utilize other resources specific to their jurisdiction in addition to this practice advisory." - NIJC, Mar...

CA7 on Social Group; Mexico; Honest Police: R.R.D. v. Holder

"While R.R.D. was an investigator for Mexico’s Federal Agency of Investigation, he arrested hundreds of suspects and repeatedly testified against drug traffickers. Drug organizations offered bribes to get him out of their hair and, when he refused, tried to kill him under their “plata...

Unpub. BIA on Asylum, Mexico, Social Group, Gender Identity: Matter of M-G-O-

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a citizen of Mexico, qualified for withholding of removal based on his membership in a particular social group consisting of effeminate gay males with female gender identities. The Board...

CA9 on Guatemala, Social Group: Pirir-Boc v. Holder

Court staff summary: "The panel granted a petition for review of the Board of Immigration Appeals’ denial of asylum, withholding of removal, and protection under the Convention Against Torture, and remanded for further consideration in light of Henriquez-Rivas v. Holder, 707 F.3d 1081, 1083...