Gomez-Zuluga: Elaborating on Persecution and Particular Social Group

Gomez-Zuluaga v. Mukasey, No. 07-2674 (3d Cir. May 30, 2008)
http://www.ca3.uscourts.gov/opinarch/072674p.pdf

Judges Fisher, Hardiman, Stapleton. Opinion written by Judge Fisher.

Argued by Alessandra DeBlasio of Shearman & Sterling in NYC. Rachelle Abrahami also on the brief.
For OIL, argued by Ethan B. Kanter.

Due to illness, I can't offer a full summary. Briefly:

• Eight-day abduction and confinement with menacing threats while limiting the person's movement and sight and ominous warnings upon release rose to the level of persecution.
• "Women who escaped involuntary servitude after being abducted and confined by the FARC" is a protected social group because her escapee status is an immutable characteristic. The IJ and BIA erred by not recognizing it as a particular social group.

The Immigration Judge was Dorothy Harbeck in Elizabeth, NJ. The Third Circuit remanded the case for additional unresolved issues, such as whether the potential for her to relocate to another part of the country would defeat her asylum claim.