Family Can Be Social Group

Family Based Asylum Claim Explained – 4th Circuit

The 4th Circuit held: “The BIA and the IJ improperly focused on whether Gomez’s father and brother were threatened due to a protected reason in order to impute such protection to the whole family. This was in error. The correct analysis focuses on Gomez herself as the applicant, and asks whether Gomez was targeted because of her membership in the social group consisting of her immediate family. “

http://www.ca4.uscourts.gov/Opinions/Unpublished/152576.U.pdf

 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

GOMEZ v. SESSIONS Case 15-2576 — Although unpublished, this provides guidance for those seeking asylum based on family persecution.

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