CA9 on Social Group, CAT: Cordoba v. Holder; Medina Gonzalez v. Holder

CA9 on Social Group, CAT: Cordoba v. Holder; Medina Gonzalez v. Holder

Court staff summary: "The panel granted the petitions for review of Edgar Rene Cordoba and Antonio Medina-Gonzalez from the Board of Immigration Appeals’ decisions denying asylum and withholding of removal on the grounds that their status as landowners did not qualify as a particular social group within the meaning of 8 U.S.C. § 1101(a)(42)(A).  The panel remanded for the BIA to reconsider in light of this court’s recent en banc decision in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013), on the question of whether landownership may form the basis for membership in a particular social group for purposes of eligibility for asylum and withholding.  The panel found that there were clear inconsistencies between Henriquez-Rivas and the BIA's decisions, which were decided before the en banc opinion was published.  The panel also remanded for reconsideration of Medina-Gonzalez’s CAT claim in light of Tapia-Madrigal v. Holder, 716 F.3d 499 (9th Cir. 2013), which found that a public official must be aware of the torturous activity but need not have actual knowledge of the specific incident of torture." - Cordoba v. Holder; Medina Gonzalez v. Holder, Aug. 13, 2013.

[Hats off to Susan E. Hill and Saad Ahmad!]