2nd Circ. Says BIA Wrongly Defined Asylee's 'Social Group'

By Sarah Betancourt (May 5, 2021, 8:47 PM EDT) -- The Second Circuit revived an asylum bid from a Guatemalan immigrant who witnessed gang violence and helped a law enforcement investigation, ruling that the Board of Immigration Appeals hadn't properly considered whether he fell into the right social group to claim deportation relief.

The three-judge panel on Tuesday issued a summary order saying the BIA's decision to reject Elmer Obeniel Ramirez-Lopez's bid for asylum under the United Nations Convention against Torture was wrong because it ruled that Ramirez-Lopez had not established what protected group he was a member of. To be eligible for asylum, immigrants have to show a well-founded fear...

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