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attorneymotionasylum
attorneymotionasylum

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Saravia v. Barr

Facts

Maria Mercedes Gomez-De Saravia sought to present additional evidence to support her application for relief from removal. The BIA denied her motion, stating that her arguments related to her proposed particular social group and nexus to a protected ground were precluded by the Attorney General's decision in Matter of A-B-.

Maria Mercedes Gomez-De Saravia sought to present additional evidence to support her application for relief from removal. The BIA denied her motion, stating that her arguments related to her proposed particular social group and nexus to a protected ground were precluded by the Attorney General's decision in Matter of A-B-.

Issue

Did the BIA err in denying Gomez-De Saravia's motion to reopen her removal proceedings based on her proposed particular social group?

Did the BIA err in denying Gomez-De Saravia's motion to reopen her removal proceedings based on her proposed particular social group?

Rule

To be eligible for asylum, an alien must qualify as a 'refugee,' requiring a showing of past persecution or a well-founded fear of persecution on account of a protected ground. The group must also share characteristics making them socially distinct and thus readily identifiable in society, but the group must be defined with sufficient particularity to delimit its membership.

To be eligible for asylum, an alien must qualify as a 'refugee,' requiring a showing of past persecution or a well-founded fear of persecution on account of a protected ground: race, religion, nationality, membership in a particular social group, or political opinion.

Analysis

The court applied the rules regarding the definition of a particular social group to Gomez-De Saravia's arguments. It concluded that her proposed group of Salvadoran women unable to leave an abusive relationship lacked the requisite particularity and social distinction, similar to the findings in Gonzales-Veliz v. Barr.

The court applied the rules regarding the definition of a particular social group to Gomez-De Saravia's arguments. It concluded that her proposed group of Salvadoran women unable to leave an abusive relationship lacked the requisite particularity and social distinction, similar to the findings in Gonzales-Veliz v. Barr.

Conclusion

The court affirmed the BIA's decision, concluding that Gomez-De Saravia's arguments did not establish membership in a cognizable particular social group, and thus the BIA did not err in denying her motion to reopen.

The court concluded that Gomez-De Saravia's arguments would not establish membership in a cognizable particular social group, the BIA did not err in denying her motion to reopen. Accordingly, the petition for review is DENIED.

Who won?

The government prevailed in the case because the court found that the BIA did not err in its decision to deny Gomez-De Saravia's motion to reopen based on her failure to establish a cognizable particular social group.

The government prevailed in the case because the court found that the BIA did not err in its decision to deny Gomez-De Saravia's motion to reopen based on her failure to establish a cognizable particular social group.

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