CLINIC Submits Brief Regarding “Particular Social Group” Membership

CLINIC submitted a brief in Matter of L-E-A-, and argued that the Attorney General should vacate the order referring the case for review. Alternatively, the brief argues that he should reaffirm that immediate family units qualify as particular social groups and that the statutory one central reason test applies to such claims.

Applying those principles to this case, the Attorney General should find that the Immigration Judge’s analysis failed to address the cartel’s explicit threat to retaliate against L-E-A-‘s father by targeting his family, and he should remand this matter to the Board for further proceedings consistent with that finding. Alternatively, to the extent that the Attorney General narrows the circumstances under which a person qualifies for asylum based on family ties, that new construction should not apply to L-E-A-, and remand remains necessary.

Related Resources

• Acting AG Refers BIA Case to Himself and Invites Amicus Regarding “Particular Social Group” Membership Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018)