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attorneyprecedentappealasylum
attorneyappealasylum

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Santos-Lopez, Matter of

Facts

Roxana Audelia Lopez-Perez and her minor son, Dilan Santos-Lopez, natives and citizens of Guatemala, sought review of a BIA decision that affirmed an Immigration Judge's denial of their claims for asylum and withholding of removal. The BIA concluded that Lopez-Perez did not establish past persecution and that her proposed social groups were not cognizable, relying heavily on a former Attorney General's decision that had since been vacated. The court noted that the BIA did not reach the issues of nexus or likelihood of future persecution.

Petitioners Roxana Audelia Lopez-Perez and her minor son, Dilan Santos-Lopez, natives and citizens of Guatemala, seek review of a December 20, 2019 decision of the BIA affirming a March 1, 2018 decision of an Immigration Judge ('IJ') denying their claims for asylum and withholding of removal.

Issue

Did the Board of Immigration Appeals err in denying Lopez-Perez's eligibility for asylum and withholding of removal based on its reliance on a vacated decision?

Did the Board of Immigration Appeals err in denying Lopez-Perez's eligibility for asylum and withholding of removal based on its reliance on a vacated decision?

Rule

To establish eligibility for asylum or withholding of removal, an applicant must show past persecution or a well-founded fear of future persecution on account of a protected ground.

To establish eligibility for asylum or withholding of removal, Lopez-Perez was required to show that she had suffered past persecution, or had a well-founded fear of future persecution, on account of a protected ground.

Analysis

The court determined that the BIA's reliance on the vacated decision in Matter of A-B- raised significant concerns about the validity of its conclusions regarding Lopez-Perez's proposed social groups. The BIA's findings that Lopez-Perez failed to prove her groups were socially distinct were based on outdated precedent, and the court remanded the case for further consideration under current standards.

The BIA's analysis of these proposed particular social groups relied heavily on the former Attorney General's 2018 decision in Matter of A-B-, which has since been vacated. For example, the BIA cited Matter of A-B- in concluding that Lopez-Perez failed to prove that her groups were socially distinct, and added that Lopez-Perez's 'case ha[d] similarities to Matter of A-B-, . . . and she ha[d] not addressed or rebutted this case.'

Conclusion

The court granted the petition for review, vacated the BIA's decision, and remanded the case for further consideration.

For the foregoing reasons, the petition for review is GRANTED, the BIA's decision is VACATED, and the case is REMANDED.

Who won?

Roxana Audelia Lopez-Perez and Dilan Santos-Lopez prevailed in the case because the court found that the BIA's reliance on a vacated decision undermined its conclusions regarding their asylum claims.

The court found that the BIA relied on a vacated decision in its analysis, which raised significant concerns about the validity of its conclusions regarding Lopez-Perez's proposed social groups.

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