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Keywords

burden of proofasylum

appealwillasylumstatutory interpretation

Related Cases

S. E. R.L. v. AG United States

Facts

S.E.R.L., a native of Honduras, sought asylum and withholding of removal based on her claim of membership in a proposed particular social group of 'immediate family members of Honduran women unable to leave a domestic relationship.' She feared persecution from two men, Jose Angel and Juan Orellana, due to their abusive history with her family. After fleeing to the U.S. in 2014, S.E.R.L. applied for asylum but was denied by an immigration judge who found she did not meet the burden of proof for her claims.

S.E.R.L., a native of Honduras, seeks review of the denial of her application for asylum and statutory withholding of removal based on membership in a proposed particular social group that she characterizes as 'immediate family members of Honduran women unable to leave a domestic relationship[.]' She fears persecution by two men, Jose Angel and Juan Orellana.

Issue

Whether the BIA's revised interpretation of 'particular social group' is reasonable and entitled to Chevron deference, and whether S.E.R.L. established a well-founded fear of persecution based on her proposed social group.

The parties' primary dispute is whether the BIA's revised interpretation of 'particular social group,' as set forth in Matter of M-E-V-G-, warrants Chevron deference.

Rule

The BIA's interpretation of 'particular social group' requires that the group be composed of members who share a common immutable characteristic, be defined with particularity, and be socially distinct within the society in question.

The test requires applicants to 'establish that the group [at issue] is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.' M-E-V-G-, 26 I. & N. Dec. at 237.

Analysis

The court applied the BIA's three-part test for determining the existence of a cognizable particular social group and concluded that S.E.R.L.'s proposed group lacked the necessary particularity and social distinction. The evidence presented did not demonstrate that the group was recognized as distinct within Honduran society, and thus the court upheld the BIA's determination.

We now hold that that statutory interpretation is entitled to Chevron deference, and, applying the newly framed test here, we conclude that substantial evidence supports the BIA's determination that the petitioner has not met its requirements.

Conclusion

The court denied the petition for review, affirming the BIA's decision that S.E.R.L. did not meet the requirements for asylum or withholding of removal.

Accordingly, we will deny the petition for review.

Who won?

The government prevailed in the case because the court upheld the BIA's interpretation and application of the law regarding particular social groups.

The Board thus dismissed the appeal.

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