Thursday, March 04, 2010

Serna-Garcia (not precedential): Social Group Analysis Must Focus On Proposed Group, Not Just Whether Wealth Alone Suffices

Serna-Garcia v. Holder
September 24, 2009
Not Precedential

Judges Scirica, Chagares, and Aldisert. Per Curiam.

Overturning the BIA and Immigration Judge Henry S. Dogin.

The Third Circuit concluded that the IJ and BIA used the wrong legal standard for CAT claims -- CAT is possible if the government of the home country consents or acquiesces to the torture that is likely to be inflicted, even if the government is not actually doing the torturing.

Also, the IJ and BIA never ruled on the argument that a social group for asylum purposes can be composed of young, single women with financial means who are vulnerable to kidnapping and have been threatened by FARC. The IJ's comment suggesting wealth alone would not be enough to qualify as a social group did not address the proposed social group, which involves more than simply wealth.


Post a Comment

<< Home