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Fourth Circuit· 1/11/2012

Denis Zelaya v. Eric Holder, Jr.

Citations

  • 668 F.3d 159
  • 2012 WL 76059
  • 2012 U.S. App. LEXIS 555

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that particular social group of young Honduran males who refuse to join the gang not cognizable
  • holding that resisting gang recruitment does not satisfy the requirements for a protectable social group
  • recognizing that the petitioner’s proposed social group of young Honduran males who refuse to join MS-13 did not have the immutable characteristic of family bonds and denying petition for review with respect to asylum and withholding of removal claims
  • holding “young Honduran males who refuse to join MS-13, have notified authorities of MS-13’s harassment tactics and have an identifiable MS-13 tormenter” lacked particularity
  • noting that resisting gang recruitment is \an amorphous characteristic providing neither an adequate benchmark for determining group membership nor embodying a concrete trait that would readily identify a person as possessing such a characteristic\
  • vacating denial of CAT claim where agency failed to consider evidence of collaboration between local police and gang

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Floyd, Hamilton

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.