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· 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 CourtListener

Sourced 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.