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Keywords

appealasylum

attorneyappealasylumadmissibility

Related Cases

Perez-Zenteno v. AG

Facts

Maria Perez-Zenteno, a native of Mexico, applied for asylum in the United States after experiencing violence, including rape and the kidnapping of her daughter, at the hands of criminal groups in Mexico. She defined her social group as 'Mexican citizens targeted by criminal groups because they have been in the United States and they have families in the United States.' However, the Immigration Judge (IJ) concluded that this group was not socially distinct or defined with sufficient particularity, and the Board of Immigration Appeals (BIA) upheld this decision.

Maria Perez-Zenteno is a native and citizen of Mexico, from the village of Tzitzio in the state of Michoac� In 2015, she applied for admission to the United States. On November 10, 2015, the Department of Homeland Security commenced removal proceedings against Perez-Zenteno and her son by filing Notices to Appear, charging them with inadmissibility under 8 U.S.C. 1182(a)(7)(A)(i)(I) because they lacked valid entry documents.

Issue

Whether the Petitioners are entitled to asylum based on their claimed membership in a 'particular social group' as defined in the Immigration and Nationality Act.

The central question raised in this immigration appeal is whether the Petitioners are entitled to asylum on account of being members of a 'particular social group' as defined in the Immigration and Nationality Act (INA).

Rule

To qualify for asylum, an applicant must demonstrate membership in a particular social group that is socially distinct and defined with sufficient particularity, and establish a nexus between the persecution suffered and the membership in that group.

Under the Immigration and Nationality Act, the 'Secretary of Homeland Security or the Attorney General may grant asylum to an alien . . . if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A).'

Analysis

The court applied the rule by evaluating the proposed social group defined by the Petitioners. It determined that the group was overly broad, encompassing a large percentage of the Mexican population, and lacked clear boundaries. Furthermore, the court found that the Petitioners did not establish that they were targeted for persecution based on their membership in this group, as required by the INA.

The IJ denied relief because, although Perez-Zenteno was beaten and brutally raped and her daughter kidnapped, she failed to prove that she was persecuted on account of membership in a statutorily protected group. The social group offered was neither sufficiently particular nor socially distinct.

Conclusion

The Eleventh Circuit affirmed the BIA's decision, concluding that the Petitioners failed to establish membership in a cognizable social group and did not demonstrate a nexus between the persecution they suffered and their claimed group membership.

Because we too agree that Perez-Zenteno has failed to establish membership in a particular social group, as defined by Congress, and because no nexus has been shown, we hold that the petition must be denied.

Who won?

The United States government prevailed in the case, as the court upheld the BIA's decision denying asylum based on the lack of a cognizable social group and insufficient evidence of persecution.

The BIA agreed that Perez-Zenteno had failed to establish that she was targeted on account of membership in a particular social group.

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