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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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