Case Law

Petition for review of final order of the Board of Immigration Appeals. Unpublished opinion.

8 January 2007 | Judicial Body: United States Court of Appeals for the Sixth Circuit | Topic(s): Convention against Torture (CAT) - Country of origin information (COI) - Credibility assessment - Deportation / Forcible return - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Sexual and gender-based violence (SGBV) - Social group persecution - State protection | Countries: Guatemala - United States of America

Petition for Review of an Order of the Board of Immigration Appeals.

21 August 2006 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Sexual and gender-based violence (SGBV) - Social group persecution | Countries: Mexico - United States of America

(1) The members of a particular social group must share a common, immutable characteristic, which may be an innate one, such as sex, color, or kinship ties, or a shared past experience, such as former military leadership or land ownership, but it must be one that members of the group either cannot change, or should not be required to change, because it is fundamental to their individual identities or consciences. Matter of Acosta, 19 I&N Dec. 211(BIA 1985), followed.
(2) The social visibility of the members of a claimed social group is an important consideration in identifying the existence of a 'particular social group' for the purpose of determining whether a person qualifies as a refugee. (3) The group of 'former noncriminal drug informants working against the Cali drug cartel' does not have the requisite social visibility to constitute a 'particular social group.'

15 June 2006 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Deportation / Forcible return - Non-state agents of persecution - Social group persecution | Countries: Colombia - United States of America

Petition for Review of an Order of the Board of Immigration Appeals. Unpublished opinion - not to be cited per Circuit Rule 53.

19 December 2005 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Topic(s): Changes of circumstances in home country - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity | Countries: Algeria - United States of America

Petition for Review of an Order of the Board of Immigration Appeals. Unpublished opinion.

18 November 2005 | Judicial Body: United States Court of Appeals for the Eleventh Circuit | Topic(s): Convention against Torture (CAT) - Credibility assessment - Deportation / Forcible return - HIV and AIDS - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution based on political opinion - Social group persecution | Countries: Colombia - United States of America

On Petition for Review of an Order of the Board of Immigration Appeals.

7 March 2005 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Country of origin information (COI) - Deportation / Forcible return - HIV and AIDS - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Shia - Social group persecution | Countries: Lebanon - United States of America

Petition for review of an order of the Board of Immigration Appeals.

27 January 2005 | Judicial Body: United States Court of Appeals for the First Circuit | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - State protection | Countries: Guatemala - United States of America

Petition for Review of an Order of the Board of Immigration Appeals.

13 September 2004 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Abduction - Effective protection - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Sexual and gender-based violence (SGBV) - Social group persecution | Countries: El Salvador - United States of America

Precedential decision. Petition for Review of an Order of the Board of Immigration Appeals.

16 May 2003 | Judicial Body: United States Court of Appeals for the Third Circuit | Topic(s): Christian - Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Religious persecution (including forced conversion) - Social group persecution | Countries: Ghana - United States of America

Petitions for review of the decision of the Board of Immigration Appeals ordering the Applicant's deportation after denying his application for asylum, application for withholding of removal under the Immigration and Nationality Act and request for withholding of removal under Article 3 of the United Nations Convention Against Torture.

14 May 2003 | Judicial Body: United States Court of Appeals for the Third Circuit | Topic(s): Child soldiers - Convention against Torture (CAT) - Non-state agents of persecution - Persecution based on political opinion - Social group persecution - Well-founded fear of persecution | Countries: Uganda - United States of America