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Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019)
(1) In Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), the Board of ImmigrationAppeals improperly recognized the respondent’s father’s immediate family as a“particular social group” for purposes of qualifying for asylum under theImmigration and Nationality Act.
(2) All asylum applicants seeking to establish membership in a “particular socialgroup,” including groups defined by family or kinship ties, must establish thatthe group is (1) composed of members who share a common immutablecharacteristic; (2) defined with particularity; and (3) socially distinct within thesociety in question.
(3) While the Board has recognized certain clans and subclans as “particular socialgroups,” most nuclear families are not inherently socially distinct and thereforedo not qualify as “particular social groups.”
(4) The portion of the Board’s decision recognizing the respondent’s proposedparticular social group is overruled. See Matter of L-E-A-, 27 I&N Dec. at 42– 43 (Part II.A). The rest of the Board’s decision, including its analysis of therequired nexus between alleged persecution and the alleged protected ground, isaffirmed. See id. at 43–47 (Part II.B).