· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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