· 8/7/2014
Silvana Paloka v. Eric H. Holder, Jr.
Citations
- 762 F.3d 191
- 2014 WL 3865992
- 2014 U.S. App. LEXIS 15201
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a proposed particular 6 social group must be “defined with particularity” and 7 “socially distinct within the society in question”
- holding that an applicant must establish 6 that a proposed particular social group is cognizable and that membership in the 7 group is a central reason for the harm
- holding that “the applicant must establish both that the group 12 itself was cognizable and that the alleged persecutors targeted the applicant on 13 account of [his] membership in that group” (citations and quotation marks 14 omitted)
- observing that the burden is on the applicant to establish both a cognizable group and a nexus
- noting that 2 cognizability of a particular social group is a legal determination reviewed de 3 novo
- explaining that an immutable characteristic is one that group members “either cannot change, or should not be required to change”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Walker, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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