LexisNexis® Legal Newsroom
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...

CA2 on Social Group, Albania: Paloka v. Holder

"The primary issue on this appeal is whether “young Albanian women” or “young Albanian women between the ages of 15 and 25" qualify as a “particular social group” for asylum purposes. 8 U.S.C. § 1101(a)(42)(A). ... In view of the BIA’s two recent precedential...

Unpub. BIA Asylum Remand Victory: Honduras, Social Group

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) (clarifying what is required to establish a particular...

CA4 on Social Group, El Salvador: Hernandez-Avalos v. Lynch

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate the BIA’s order, and remand for further proceedings...

IJ on Asylum, Social Group, Honduras: Matter of O- (Unpub.)

Camila Palmer writes: "I wanted to share an IJ decision finding my client was a member of a PSG of "former honest police officers," distinguishing Matter of Fuentes. I think its a well-written decision and thought it might be useful to other practitioners, should you want to share it on...

CA9 on Social Group: Flores-Rios v. Lynch

Flores-Rios v. Lynch, Dec. 1, 2015 - "Because few groups are more “readily identifiable than the family,” the BIA’s determination that the petitioner had not shown membership in a particular social group “was manifestly contrary to law.” ... In the face of Flores-Rios’s...

Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico

Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude 'that a remand is warranted for further proceedings...

Asylum Victory in Portland (Mexico; PSG)

Amanda Gray writes: "I wanted to share with you a recent IJ decision granting asylum to a woman and her four children* based on her membership in the particular social group of “Mexican women unable to leave their domestic relationship.” DHS made the argument that Respondent did not...

Jeffrey S. Chase: Honor Killings and Particular Social Group

Jeffrey S. Chase, Dec. 2, 2017 - "The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies that a woman’s failure to strictly adhere...

Jeffrey S. Chase - Amicus Brief Filed in C.J.L.G. v. Sessions

Jeffrey S. Chase, Mar. 21, 2018 - "On March 15, lawyers with the firm of Simpson, Thacher & Bartlett filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of 11 former immigration judges and BIA Board members in the case of C.J.L.G. v. Sessions . The case involves...

Asylum Victory in New Orleans; Honduras, Social Group, Mendes Rojas

Hats off to Prof. Hiroko Kusuda , Clinic Professor and Director of Immigration Law Section of Loyola University New Orleans College of Law, Stuart H. Smith Law Clinic and Center for Center for Social Justice, and Mary K. Richardson, Student Practitioner! Matter of X-, Apr. 3, 2018, New Orleans Immigration...

CA5 on Honduras, Asylum, Persecution, Social Group - Cabrera v. Sessions (May 7, 2018)

Cabrera v. Sessions, May 7, 2018 - "In sum, we hold that the BIA erred in requiring Cabrera to prove past persecution to establish a claim based on a well-founded fear of future persecution; and, second, in recharacterizing Cabrera’s claimed social group. In all other respects, the decision...

Amicus Brief Filed in W-Y-C- & H-O-B- Appeal

Jeffrey S. Chase, May 28, 2018 - "On May 23, an amicus brief was filed in the U.S. Court of Appeals for the Fifth Circuit on behalf of a group of 13 former immigration judges (including myself) and BIA members in the appeal of the BIA’s precedent decision in Matter of W-Y-C- & H-O-B-. In that...

Sessions Overrules A-R-C-G-: Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)

Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) Headnotes: (1)Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2)An applicant seeking to establish persecution on account of membership...