4th Circuit Denies Asylum Claim On Family Relation

One of the most difficult areas of asylum law is to determine what social group you are in if you are claiming asylum, and if that is the reason that you are in danger of persecution. While membership in a family is now established as a possible social group, it is important to tie the danger of persecution to the membership in that family and not related dangers that may arise related to membership. At least in the US 4th Circuit.

On June 26, 2020, the US Circuit Court of Appeals for the Fourth Circuit issued its published opinion in the case of Jexte Cedillos-Cedillos v. William Barr (https://www.ca4.uscourts.gov/opinions/182233.P.pdf) denying asylum because his claim was based on his personal danger due to having reported the crimes of those that would persecute him, and since it was based on his personal conduct, he was not eligible for asylum. This is a tricky issue that most may not understand. Reading this case, especially since it is a “published” opinion, and therefore has precedent value, explains the difficult analysis that must be made for a claim to be successful.

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