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Unpub. BIA Withholding Victory, Particular Social Group, Witness Testified Against Gang Members

December 31, 2014 (1 min read)

Sarah K. Bazzi writes: "I retained a client for ERO representation and did a FOIA.  It turns out that the IJ had granted my client withholding and DHS had appealed.  Coincidentally, my alma mater, the University of Hawaii William S. Richardson School of Law, had taken the case pro bono and students from the immigration clinic (under the supervision of Professor Calvin Pang) had written an excellent appeal brief.  They won at the BIA, who cited an unpublished 4th Circuit case for the proposition that witnesses who testify against gang members are themselves a PSG.  Though it is a logical extension of Crespin-Valladares, it is a more expansive view than the 4th has taken in published cases so I hope that others can use this in their gang asylum cases." - Matter of X-, Nov. 24, 2014, unpub.