· 10/28/1991
Carmen Gomez v. Immigration and Naturalization Service
Citations
- 947 F.2d 660
- 1991 U.S. App. LEXIS 25697
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a social group must be recognizable and discrete, allowing would-be persecutors to identify victims as members of the purported group
- holding that a Salvadoran woman who had been beaten and raped by Salvadoran guerillas during her youth was not for that reason a member of a particular social group for asylum purposes
- explaining that “[l]ike the traits which distinguish the other four enumerated categories–race, religion, nationality and political opinion–the attributes of a particular social group must be recognizable and discrete
- finding that a woman who had been beaten and raped by guerrillas in her youth was not, for that reason, a member of a particular social group for asylum purposes
- defining a “particular social group” as “individuals who possess some fundamental characteristic in common which serves to distinguish them in the eyes of the persecutor – or in the eyes of the outside world in general”
- “Possession of broadly-based characteristics such as youth and gender will not by itself endow individuals with membership in a particular group.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Winter, Altimari
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.