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CLINIC, Dec. 21, 2020
"On Dec. 10, 2020, the Ninth Circuit vacated the decision of the Board of Immigration Appeals in Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020). CLINIC and the Duke University School of Law have published a practice alert to advise immigration practitioners of the impact of the Ninth Circuit's decision."
Order Vacating E-R-A-L-2020.12.10.pdf
Practice Alert E-R-A-L.pdf
[NOTE: For reference, here are the headnotes to Matter of E-R-A-L-: (1) An alien’s status as a landowner does not automatically render that alien a member of a particular social group for purposes of asylum and withholding of removal. (2) To establish a particular social group based on landownership, an alien must demonstrate by evidence in the record that members of the proposed group share an immutable characteristic and that the group is defined with particularity and is perceived to be socially distinct in the society in question. (3) The respondent’s proposed particular social groups—comprised of landowners and landowners who resist drug cartels in Guatemala—are not valid based on the evidence in the record.