Immigration law / Deportation / Forcible return

(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 | Document type: Case Law | Topic(s): Deportation / Forcible return - Non-state agents of persecution - Social group persecution | Countries: Colombia - United States of America