LexisNexis® Legal Newsroom
Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group

"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances have no bearing on petitioner's veracity should...

BIA on Social Group, Ghana (Unpub.)

"[R]espondent claims that he belongs to a particular social group consisting of individuals from Ghana who suffer from severe mental illnesses, such as bipolar disorder, and are indigent and lack family support. ... We conclude, based on the record before us in this case, that the respondent's...

New BIA Precedent Decisions on Social Group, Social Visibility

Both on Feb. 7, 2014: Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) - (1) In order to clarify that the “social visibility” element required to establish a cognizable “particular social group” does not mean literal or “ocular” visibility, that element is renamed...

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Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a citizen of Mexico, qualified for withholding of removal based on his membership in a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...

BIA on Particular Social Group, Guatemala: Matter of A-R-C-G-

Official Headnote: Depending on the facts and evidence in an individual case, “married women in Guatemala who are unable to leave their relationship” can constitute a cognizable particular social group that forms the basis of a claim for asylum or withholding of removal under sections 208...

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...

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

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...

Unpub. BIA Asylum Remand Victory; Iraq, Social Group, Immutability

"In the instant case, the Immigration Judge found that the respondent's proposed social group lacks an immutable characteristic. However, the past experience of having cooperated or worked with Americans or American entities or organizations is, by its very nature, immutable. In addition, the...

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...