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· 6/25/2012

Jose Orellana-Monson v. Eric Holder, Jr.

Citations

  • 685 F.3d 511
  • 2012 WL 2369575
  • 2012 U.S. App. LEXIS 12965

How courts have described this case

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

  • stating that “case-by-case adjudication is permissible and that such adjudication does not necessarily follow a straight path”
  • concluding that the proposed group—”men who were recruited but refused to join Mara 18”—lacked particularity because it was “too amorphous since it encompasses a wide swath of society crossing many political orientations, lifestyles, and identifying factors”
  • concluding a similar group—men who were recruited but refused to join Mara 18— lacked particularity and social distinction
  • noting that under Chevron step two, an agency interpretation “is binding as long as it is a permissible construction of the statute.” (internal quotations omitted)
  • observing that this court has declined to recognized proposed social groups that are “exceedingly broad and encompass[] a diverse cross section of society”
  • determining that a materially similar group “men who were recruited but refused to join [the gang]” failed the particularity and social- distinction requirements

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Garza, Clement

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.